In bail specialisation matter, the Patna High Court granted bail to the petitioner accused of liquor offences under the Bihar Prohibition and Excise Act, 2016, fixing a bond of Rs. 10,000 with two sureties.
Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties of the 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.13132 of 2019
Arising Out of PS. Case No.-611 Year-2018 Thana- BAKHTIYARPUR District- Patna
======================================================
Shivam Pandey @ Raja Rangbaj @ Rocky Son of Sadanand Pandey Resident of Village - Pakariya, P.S.-Mufassil, District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kr Singh No.1 For the Opposite Party/s : Mr.Ashraf Ansari ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 08-04-2019
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 30(a) (d), 34/36 of the Bihar Prohibition and Excise Act, 2016.
Prosecution case, in short, is that 55 liters wine is recovered.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.12.2018 and has got no criminal antecedent. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 55 liters wine is alleged to have been recovered. There is no compliance of Section 100 Cr.P.C.
Patna High Court CR. MISC. No.13132 of 2019(2) dt.08-04-2019 2/2
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, it is directed that the petitioner, above named, 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, Patna in connection with Special case No.11648 of 2018 arising out of Bakhtiyarpur P.S. case No.611 of 2018.
(Sudhir Singh, J)
Narendra/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a case involving seizure of liquor under the Bihar Prohibition and Excise Act, 2016.
2 provisions across 2 enactments
Shivam Pandey
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
