This was an oral order granting anticipatory bail to the petitioner in a case concerning the manufacture and sale of illicit liquor under the Bihar Prohibition and Excise Act.
Release on anticipatory bail upon surrender within six weeks and furnishing security of Rs. 10,000 with two sureties.
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.4965 of 2018
Arising Out of PS.Case No. -159 Year- 2017 Thana -DHANSORI District- BUXAR
====================================================== Ganesh Singh, S/o Late Satya Narayan Singh, R/o Village- Dhansoi, P.S.Dhansoi, District- Buxar.
.... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Ajit Kumar, Advocate. For the Opposite Party : Mr. Akshay Lal Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
counsel for the State.
The petitioner is apprehending his arrest in a case for the offence registered under Sections 272, 273 of the IPC and 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution story, in brief, is that total 33.48 liters wine is said to have been recovered.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 33.48 liters wine is recovered from the Poultry Farm in question. The name of the petitioner has come as
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the petitioner is said to be the owner of the Poultry Farm in question. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr. P.C.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case.
Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or 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 the learned A.D.J. II-cum-Spl. Judge, Excise Act, Buxar, in connection with Dhansoi P.S. Case No. 159 of 2017, G.R. No. 3528 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./U T
(Sudhir Singh, J)
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case involving provisions of the Bihar Prohibition and Excise Act.
3 provisions across 3 enactments
Ganesh Singh
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Sudhir Singh
Parties & counsel
