Petitioner sought bail in Bihar Prohibition Act case for possession of prohibited wine. Court granted bail on Rs.10,000 bond with conditions regarding sureties and cooperation with investigation.
Petitioner enlarged on bail on furnishing bond of Rs.10,000 with two sureties under specified conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28496 of 2018
Arising Out of PS.Case No. -19 Year- 2018 Thana -MANPUR DistrictWESTCHAMPARAN(BETTIAH)
======================================================
Rahul Sah Son of late Dawarika Sah Resident of Village- Nagar Dehi, P.S. Bhagha, District- West Champaran at Bettiah.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Sharma For the Opposite Party/s : Mr. Sri Shantanu Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
2 11-05-2018 Heard learned counsel for the petitioner and learned
APP for the State.
Petitioner seeks bail in connection with Manpur P.S. Case No. 19 of 2018 for offences punishable under Sections 30 (a) of the Bihar Prohibition Amendment Excise Act, 2016.
The prosecution case, as lodged by the S.S. B. Official, is the petitioner was apprehended along with 56 liters of Chulai wine carrying in his motorcycle in a sack.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely been implicated. He submits that it is improbable that 56 liters of wine could be carried in a motorcycle and that he is
Patna High Court Cr.Misc. No.28496 of 2018 (2) dt.11-05-2018
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languishing in judicial custody since 02.04.2018.
However, learned APP for the State opposes the prayer
for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, West Champaran at Bettiah in connection with Manpur P.S. Case No. 19 of 2018, subject to the conditions that:
(1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.
(Nilu Agrawal, J)
Devendra/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner in connection with the Manpur P.S. Case No. 19 of 2018 for offences under Sections 30 (a) of the Bihar Prohibition Amendment Excise Act, 2016.
1 provisions across 1 enactments
Rahul Sah
The State of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
