This oral order granted anticipatory bail to the petitioner in a case involving country-made liquor under the Bihar Prohibition and Excise Act.
Petitioner granted anticipatory bail to be released on Rs 10,000 bond and two sureties if arrested within four weeks.
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.67347 of 2018
Arising Out of PS. Case No.-377 Year-2018 Thana- BAGHA District- West Champaran
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Vijay Sah @ Vijay Kumar S/o Nandlal Sah R/o Village - Kailash Nagar, P.S. Bagaha, District- West Champaran.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Jagdhar Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA
ORAL ORDER
2 03-12-2018
Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
Petitioner apprehends his arrest in connection with Bagaha (Patkhauli) P.S. Case No. 377 of 2018 registered for the offences punishable under Section 30(A) of Bihar Prohibition and Excise Act, 2016.
The alleged recovery of country made liquor was made from the house of F.I.R. named accused Baskali Devi who disclosed that it was petitioner who had kept the country made liquor at her home and it appears that except the aforesaid so-called confessional statement of co-accused Baskali Devi, there appears to be nothing against the petitioner, who does not have any criminal antecedent, which is evident from perusal of
Patna High Court Cr.Misc. No.67347 of 2018(2) dt.03-12-2018 2/2
para 3 of the petition.
Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bettiah, West Champaran in Bagaha (Patkhauli) P.S. Case No. 377 of 2018, subject to conditions as laid down under Section 438(2) of the Cr.P.C.
(Hemant Kumar Srivastava, J)
shahzad/-
U T
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner in the present case.
1 provisions across 1 enactments
Vijay Sah @ Vijay Kumar
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
