Patna High Court granted anticipatory bail to Girja Kuar, alleging implication in Bihar Prohibition and Excise Act violation, requiring surrender within six weeks and furnishing bonds.
Petitioner granted anticipatory bail to surrender within six weeks, to be released on bail bonds of Rs.10,000 with two sureties of the same amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8847 of 2018
Arising Out of PS.Case No. -244 Year- 2017 Thana -NASRIGANJ District- SASARAM (ROHTAS) ====================================================== GIRJA KUAR @ GIRIJA KUNWAR, Wife of Late Asmari Prasad, Resident of Mohalla- Bari Bazar, Nasriganj, P.S.- Nasriganj, DistrictRohtas.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Surendra Kumar Mishra, Advocate. For the Opposite Party : Mr. Akshay Lal Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 23-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution story, in brief, is that total 8 liters wine is said to have been recovered.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 8 liters wine is recovered by the side of
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road. The name of the petitioner has come on the basis of disclosure made by co-accused Rameshwar Singh @ Bali Yadav. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. 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 or 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 the learned 2nd Additional District and Sessions Judge-cum-Special Judge, Excise, Rohtas, Sasaram, in connection with Nasriganj P.S. Case No. 244 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./U T
(Sudhir Singh, J)
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
2 provisions across 2 enactments
Girja Kuar @ Girija Kunwar
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
