The Court granted anticipatory bail to two petitioners accused of possessing country-made liquor under the Bihar Prohibition and Excise Act, 2016, subject to conditions similar to those laid in Section 438(2) CrPC.
Petitioners enlarged on bail by affording ₹10,000 bond each with two sureties to Magistrate Motihari.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 53697 of 2018
Arising Out of PS. Case No.-264 Year-2018 Thana- Ghorasahan District- East Champaran
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER
2. 10-09-2018
Two petitioners, apprehending their arrest in Ghorasahan (Jitna) P.S. Case No. 264 of 2018 registered for offence under Section 30(A) of Bihar Prohibition and Excise Act, 2016, have prayed for grant of anticipatory bail.
In paragraph – 3 of the petition, statement has been made that petitioners are having clean antecedent. Besides this, on perusal of material on record, it appears that both petitioners have been made accused on an accusation of recovery of six bottles containing 300 ml. each of Kasturi Nepali country-made liquor.
Considering the nature of accusation and clean antecedent of both the petitioners, in the event of their arrest or
Patna High Court Cr.Misc. No.53697 of 2018(2) dt.10-09-2018 2/2
surrender within a period of six weeks from today, let both petitioners namely Prakash Rai and Vikash Rai be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 7th A.D.J. Motihari, East Champaran in connection with Ghorasahan (Jitna) P.S. Case No. 264 of 2018, Subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.
(Rakesh Kumar, J.)
anay
U T
1 issue framed by the court
Whether antecedent bail should be granted to the petitioners who are accused of violating Section 30(A) of the Bihar Prohibition and Excise Act, 2016.
2 provisions across 2 enactments
Prakash Rai
Vikash Rai
The State of Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
