In bail proceedings arising from a Bihar Prohibition case, the Patna High Court granted bail to the petitioner, a first-time offender alleged for possession of country-made liquor, directing him to furnish a bond of Rs. 10,000 with two sureties.
Bail granted on execution of a bond of Rs. 10,000 with two sureties of like amount.
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.3755 of 2018
Arising Out of PS. Case No.-99 Year-2017 Thana- CHHABILAPUR District- Nalanda
======================================================
Sudama Kumar @ Sudama Rajbanshi S/o Babulal Rajbanshi, R/o Vill.Harijan Colony, Panditpur, P.S.- Rajgir, Distt.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Amresh Kumar Sinha For the Opposite Party/s : Mr. SRI BISHESHWAR RAM ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
2 30-01-2018 Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner, already in custody, seeks bail in connection with Chabilapur P.S. Case No.99 of 2017, registered under Sections 30(a), 32(2) and 38(1) of the Bihar Prohibition & Excise Amended Act, 2016.
Learned counsel for the petitioner submits that 60 liters of country made liquor is alleged to have been recovered from the petitioner. However, the petitioner is in custody since 14.11.2017 and he has no criminal antecedent.
Having considered the said facts and circumstances, petitioner Sudama Kumar @ Sudama Rajbanshi is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court Cr.Misc. No.3755 of 2018(2) dt.30-01-2018 2/2
satisfaction of learned 6th Session Judge, cum Special Judge, Excise, Nalanda, Biharsharif in connection with Chabilapur P.S. Case No.99 of 2017.
(Arun Kumar, J)
S.KUMAR/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail pending trial in a case under the Bihar Prohibition & Excise Act, 2016.
Whether the lack of criminal antecedent warrants bail in this case.
1 provisions across 1 enactments
Sudama Kumar @ Sudama Rajbanshi
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
