Allowed

Sanjit Tiwary v. The State Of Bihar

Patna HC18 Sept 2018CR. MISC./58302/2018

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner in a liquor smuggling case under the Bihar Prohibition and Excise Act. The court directed release if the petitioner surrenders within six weeks, furnishing specified bail bonds and two sureties, subject to Section 438(2) Cr.P.C. conditions.

What did the court decide?

Anticipatory bail granted on surrender within six weeks, subject to bail bonds of Rs. 10,000 and two sureties of the like amount each.

Sanjit Tiwary Vs The State Of Bihar — Anticipatory Bail | Patna HC (2018)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.58302 of 2018

¶2

Arising Out of PS. Case No.-117 Year-2018 Thana- GOPALPUR District- Gopalganj

¶3

======================================================

¶4

Sanjit Tiwary, Son of Ram Sakal Tiwary, Resident of Tiwary Karepa, P.S.Gopalpur, District- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mritunjay Prasad Singh For the Opposite Party/s : Mr. Ramchandra Sahani ======================================================

¶9

CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

¶10

2 18-09-2018

¶11

Heard learned counsel for the petitioner and learned

¶12

APP for the State.

¶13

The petitioner is apprehending his arrest in a case registered under Sections 272, 273 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

¶14

The prosecution case, in short, is that 216 liters wine is recovered.

¶15

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 disclosure made by the local Chaukidar as per F.I.R. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 216 liters wine is

¶16

Patna High Court Cr.Misc. No.58302 of 2018(2) dt.18-09-2018 2/2

¶17

recovered from the car. The car in question does not belong 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.

¶18

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

¶19

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 A.D.J. II-cumSpecial Judge, Gopalganj in connection with Gopalpur P.S. case No.117 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

¶20

(Sudhir Singh, J)

¶21

Narendra/-

¶22

U T

Sanjit Tiwary v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Sanjit Tiwary v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shankar Paswan Vs The State Of Bihar

Sukhdeo Yadav and Ors. Vs The State Of Bihar

Bablu Tiwari Vs State Of Bihar and Anr.

Devesh Singh Vs The State Of Bihar

Rajkishore Tiwary and Anr. Vs The State Of Bihar

Prakash Noniya @ Om Prakash Prasad Vs The State Of Bihar