A criminal court allowed anticipatory bail to the petitioner arrestd under section 30(a) of Bihar Prohibition and Excise Act, directing surrender within four weeks. No fee was imposed beyond standard bond requirements.
Petitioner released on bail requiring surrender within four weeks to locale court authorities on surety of ten thousand rupees.
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.69436 of 2018
Arising Out of PS. Case No.-179 Year-2018 Thana- CHAUTHAM District- Khagaria
======================================================
Rajeeb Kumar, Son of Bimal Singh, Resident of Village- Nawada, P.S.Chautham, District- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar Choudhary For the Opposite Party/s : Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA
ORAL ORDER
2 17-12-2018
Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.
Petitioner apprehends his arrest in connection with Chautham P. S. case no. 179/2018 registered under section 30(a) of Bihar Prohibition and Excise Act.
The name of the petitioner came in this case in the confessional statement of co–accused Abhinash Kumar who confessed before the police that the petitioner had also been with him at the time of alleged occurrence and it appears that except the aforesaid material, there is nothing against the petitioner who does not have any criminal antecedent.
Considering the aforesaid facts and circumstances as well as submissions of the parties, in the event of arrest/
Patna High Court Cr.Misc. No.69436 of 2018(2) dt.17-12-2018 2/2
surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge II-cum-Special Judge, Excise, Khagaria in Chautham P. S. case no. 179/2018 subject to condition as laid down under section 438(2) of the Cr.P.C.
(Hemant Kumar Srivastava, J)
s.hassan/-
U T
1 issue framed by the court
Whether the petitioner should be granted anticipatory bail considering the weak prosecution material and lack of criminal antecedents.
2 provisions across 2 enactments
Rajeeb 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
