The Patna High Court granted pre-arrest bail to the petitioner in a case involving recovery of foreign liquor. Bail was ordered conditioned on the petitioner's arrest or surrender within six weeks.
Petitioner released on bail on furnishing a bond of Rs. 25,000 with two sureties within six weeks of arrest or surrender.
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.1373 of 2019
Arising Out of PS. Case No.-125 Year-2018 Thana- PRANPUR District- Katihar
======================================================
Sanjay Singh son of Mahesh Singh, resident of Village- Maharapara, P.O.Talgram Hat, P.S.-Harischandrapur Talgram, Distt.-Malda (West Bengal).
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Jibendra Mishra For the Opposite Party/s : Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 18-01-2019 Heard the parties.
Petitioner seeks pre-arrest bail in Pranpur (Roshna) P.S.Case No.125/18 (G.R.No.3927/18) registered under Section 30(a) of the Bihar Prohibition and Excise Act.
Allegation is of recovery of 19.6 liters foreign liquor from the motorcycle of the petitioner.
Submission on behalf of the learned counsel for the petitioners is that nothing has been recovered from his conscious possession and he has clean antecedent.
Heard the learned A.P.P. also.
Having heard both sides and in view of the facts and 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
Patna High Court Cr.Misc. No.1373 of 2019(2) dt.18-01-2019 2/2
bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of A.D.J.-II-cum-Special Judge, Katihar, in Pranpur (Roshna) P.S.Case No.125 of 2018 (G.R.No.3927/18) 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 under Section 438 Cr.P.C.
2 provisions across 2 enactments
Sanjay Singh
The State Of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
