Justice Rakesh Kumar granted anticipatory bail to petitioner Lakhindra Rai in a liquor offense case, allowing him to be enlarged on bail upon furnishing a bond and executing conditions under Section 438(2) CrPC.
Petitioner enlarged on bail on furnishing bond of Rs. 10,000 with two sureties of like amount each.
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.53698 of 2018
Arising Out of PS. Case No.-256 Year-2017 Thana- Motipur District- Muzaffarpur
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Lakhindra Rai son of Jinish Rai resident of Village- Bhawani Dih, Police Station- Motipur, District- Muzaffarpur.
... ... 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
Motipur P.S. Case No. 256 of 2017 registered for offence under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016, has prayed for grant of anticipatory bail.
In paragraph – 3 of the petition, a specific statement has been made that petitioner is having clean antecedent. Besides this, on perusal of the F.I.R., it appears that petitioner has been made accused on an allegation, as if, in the dickey of the motorcycle of the petitioner, about 500 ml. of liquid like foreign liquor was shown to be recovered.
I have perused the material on record and after going through the same, particularly; clean antecedent of the petitioner, in the event of arrest or surrender within a period of
Patna High Court Cr.Misc. No.53698 of 2018(2) dt.10-09-2018 2/2
six weeks from today, let the petitioner namely Lakhindra Rai 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 Judge, Excise Act, Muzaffarpur in connection with Motipur P.S. Case No. 256 of 2017, 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 the petitioner should be granted anticipatory bail apprehending arrest in a liquor case involving Sections 272, 273 IPC and Section 30(a) of Bihar Prohibition and Excise Act, 2016.
3 provisions across 3 enactments
Lakhindra Rai
The State of Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
