The Patna High Court granted anticipatory bail to the petitioner in a case under the Bihar Prohibition and Excise Act, 2016, allowing release if surrenders within six weeks subject to bail bonds and conditions.
Release on anticipatory bail if arrest/surrender occurs within six weeks by furnishing bail bond 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.54861 of 2018
Arising Out of PS. Case No.-164 Year-2018 Thana- DARIYAPUR District- Saran
======================================================
Manish Rai @ Manish Kumar S/o Surendra Rai @ Surendra, R/o Vill.Ibrahimpur, P.S.- Dariyapur, District- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. Iftekhar Mahmood ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 26-09-2018
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner is apprehending his arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 1800 liters spirit is recovered.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has come on the basis of secret information as per F.I.R. The source and genuineness of the secret information has not been disclosed by the prosecution. Except for this, there is no other substantive evidence to suggest
Patna High Court Cr.Misc. No.54861 of 2018(2) dt.26-09-2018 2/2
the implication of the petitioner in this case. It is alleged that 1800 liters spirit is recovered from three different places. None of the places in question belongs to the petitioner. 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.
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 6th Additional Sessions Judge, Saran at Chapra in connection with Dariyapur P.S. case No.164 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J)
Narendra/-
U T
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner apprehending arrest under the Bihar Prohibition and Excise Act.
2 provisions across 2 enactments
Manish Rai
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
