Court granted anticipatory bail to petitioner apprehending arrest in Bihar Prohibition and Excise Act case, directing surrender within six weeks and furnishing bail bonds with sureties.
Anticipatory bail granted subject to surrender within six weeks and furnishing bail bond of Rs.10,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.69352 of 2018
Arising Out of PS. Case No.-463 Year-2018 Thana- GAYA KOTWALI District- Gaya
======================================================
Bablu Sau @ Bablu Kumar Son of Janardan Prasad, Resident of Village-Pipar Panti, Ward No.-12, New Area, Police Station-Kotwali, District-Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Shyam Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 26-11-2018
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 2330 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 come on the disclosure of co-accused Mukesh Kumar. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 2330 liters wine is recovered from the pick up van. The pick up van in question does not belong to
Patna High Court Cr.Misc. No.69352 of 2018(2) dt.26-11-2018 2/2
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 Special Judge, Excise, Gaya in connection with Kotwali P.S. case No.463 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
3 issues framed by the court
Whether the petitioner is entitled to anticipatory bail while surrendering in the case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Whether the conditions for granting bail including furnishing of bond and sureties are satisfied.
Whether the length of custody can be fixed within a specific period.
2 provisions across 2 enactments
Bablu Sau @ Bablu Kumar
The State of Bihar
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
