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Mahendra Giri @ Mahewaha Giri v. The State Of Bihar

Patna HC9 Mar 2018CR. MISC./3545/2018

Case brief

AI extract

What is this about?

In a criminal miscellaneous matter arising from a prohibition case involving recovery of 35 liters of wine, the Patna High Court granted anticipatory bail to the petitioner. The court ordered the petitioner to surrender and remain on bail for six weeks by furnishing bonds.

What did the court decide?

Petitioner released on anticipatory bail for six weeks by furnishing bail bonds of Rs.10,000/- with two sureties of like amount.

Mahendra Giri @ Mahewaha Giri Vs The State Of Bihar — Anticipatory Bail | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3545 of 2018

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Arising Out of PS. Case No.-189 Year-2017 Thana- ATRI District- Gaya

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======================================================

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MAHENDRA GIRI @ MAHEWAHA GIRI, Son of Musafir Giri, Resident of Village- Jagatpur, Police Station- Atri, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Syed Asgher Najmi For the Opposite Party/s : SMT. ANUSUIYA JAISWAL ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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3 09-03-2018

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner is apprehending his arrest in a case registered under Sections 272, 273 of the Indian Penal Code and Section 30(a)(d) of the Bihar Prohibition and Excise Act, 2016.

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The prosecution case, in short, is that 35 liters wine is recovered.

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There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired on the basis of disclosure made by the local Chowkidar. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 35 liters wine is recovered in this case. Nothing incriminating has been recovered from the conscious

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Patna High Court Cr.Misc. No.3545 of 2018(3) dt.09-03-2018 2/2

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possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C.

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On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

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Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya in connection with Atri P.S. Case No. 189 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Sudhir Singh, J)

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Pankaj/-

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U T

Mahendra Giri @ Mahewaha Giri v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Mahendra Giri @ Mahewaha Giri v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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