The High Court granted anticipatory bail to the petitioner. An order was passed releasing the petitioner on bail upon surrender or arrest within six weeks, subject to furnishing a bail bond and specific conditions.
Petitioner released on anticipatory bail upon surrender/arrest within six weeks subject to sureties and bail bond conditions.
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.13373 of 2019
Arising Out of PS. Case No.-207 Year-2017 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga
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NITESHWAR YADAV, S/o Bhathu Yadav, Resident of Village- Ramouli, P.S.- Gai Ghat Benibad O.P., District- Muzaffarpur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Vinay Kumar Mishra For the Opposite Party/s : Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
4 03-05-2019
Petitioner seeks bail in anticipation of his arrest in connection with L.N.M.U. P.S. Case No. 207 of 2017 registered for the offences punishable under Section 414 of the Indian Penal Code and Sections 30(a), 47 and 57 of the Bihar Prohibition and Excise Act.
Allegation as per FIR is of recovery of 67 litres of foreign liquor from the house of one co-accused, who disclosed the name of the petitioner stating that he supplied the same.
Submission of learned counsel for the petitioner is that there is nothing on the record to show that the liquor was supplied by the petitioner and except confessional statement there is nothing against him and recovery has not been made either from his possession or from his house and he has no
Patna High Court CR. MISC. No.13373 of 2019(4) dt.03-05-2019 2/2
criminal antecedent.
Heard learned APP also.
In view of above facts and circumstances, let petitioner, in the event of arrest or surrender before the court below within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bond of Rs.25,000/(Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional District JudgeV-cum-Special Judge, Excise Act, Darbhanga, in connection with L.N.M.U. P.S.Case No. 207 of 2017, arising out of G.O. Excise Case No. 1479 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.
(Vinod Kumar Sinha, J)
spal/-
U T
1 issue framed by the court
Whether the petitioner is entitled to release on anticipatory bail in connection with offences under Section 30(a) of the Bihar Prohibition and Excise Act.
1 provisions across 1 enactments
Niteshwar Yadav
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
