Single judge granted anticipatory bail to petitioner apprehending arrest in excise case involving recovery of wine from joint house, subject to conditions under Section 438 Cr.P.C. within six weeks.
Petitioner released on anticipatory bail upon surrender within six weeks with bail bonds of Rs. 10,000 and two sureties of like amount.
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.6557 of 2018
Arising Out of PS. Case No.-247 Year-2017 Thana- AKBARPUR District- Nawada
======================================================
Suresh Chaudhary S/o Late Ganauri Chaudhary, R/o Village- Bareb, P.S.Akbarpur, District- Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Sinha For the Opposite Party/s : Mr. Md. Sufiyan ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
4 11-04-2018
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 1.125 liters wine is recovered.
It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired as the alleged recovery is made from the joint house of the petitioner where the other family members also reside. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 1.125 liters wine is
Patna High Court Cr.Misc. No.6557 of 2018(4) dt.11-04-2018 2/2
recovered from the joint house of 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./complaint case.
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, Nawadah in connection with Akbarpur P.S. Case No. 247 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J)
Pankaj/-
U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail to prevent arrest in a case under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.
Whether reasonable ground exists for arrest or preventive detention which precludes the grant of anticipatory bail.
3 provisions across 2 enactments
Suresh Chaudhary
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
