The High Court granted pre-arrest bail to the petitioner charged under the Bihar Prohibition and Excise Act for recovery of foreign liquor. Bail was conditional on furnishing bonds and sureties within six weeks of arrest or surrender.
Petitioner to be released on bail if arrested or surrenders within six weeks, on bonds of Rs.25,000 with two sureties.
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.1358 of 2019
Arising Out of PS. Case No.-234 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj
======================================================
Satyadeo Rai son of Lutawan Rai, resident of village- Sonwaliya, P.S.Baikunthpur, Gopalganj.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Binod Kumar Sinha For the Opposite Party/s : Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 18-01-2019 Heard the parties.
Petitioner seeks pre-arrest bail in Excise Case
No.234 /18 registered under Section 30(a) of the Bihar Prohibition and Excise Act.
Allegation is of recovery of 715 liters 680 ml foreign liquor from the Anganbari Centre.The petitioner is also named in the F.I.R.
Submission on behalf of the learned counsel for the petitioner is that nothing has been recovered from his possession and he is not in-charge of the Anganbari nor he concerned with
the house. He has no criminal antecedent.
Heard the learned A.P.P. also.
Having heard both sides and in view of the facts and
Patna High Court Cr.Misc. No.1358 of 2019(2) dt.18-01-2019 2/2
circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the learned court below within six weeks from today be released on bail on furnishing bail bonds of Rs.25,000/- each with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judgecum-Specil Judge, Excise, Gopalganj, in Sour Excise Case No.234 of 2018 subject to the conditions as laid down under Section 438(2) of Cr.P.C. and further condition that the bailors must be of local having sufficient movable and immovable properties within the jurisdiction of the court concerned.
(Vinod Kumar Sinha, J)
aks/-
U
1 issue framed by the court
Whether the petitioner is entitled to pre-arrest bail on alleged lack of possession and no criminal antecedent.
2 provisions across 2 enactments
Satyadeo Rai
The State Of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
