Two petitioners sought bail in PS Case No.11 of 2019 involving recovery of alcohol. The court granted bail on Rs.10,000 with two sureties each to the Sessions Judge, Saran.
Petitioners released on bail by furnishing bonds of Rs.10,000 each with two sureties of the like amount to the Sessions Judge, Saran.
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.14689 of 2019
Arising Out of PS. Case No.-11 Year-2019 Thana- RASULPUR District- Saran
======================================================
Chhote Kumar Rai @ Chhote Kumar Ray Son of Bikarma Ray, Resident of village- Radhia, P.S.- Maharajganj, District- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with CRIMINAL MISCELLANEOUS No. 15004 of 2019
Arising Out of PS. Case No.-11 Year-2019 Thana- RASULPUR District- Saran
====================================================== Bablu Singh @ Bablu Kumar Singh Son of Vijay Singh @ Vijaymal Singh Resident of Village- Nawada, Police Station- Rasulpur, District- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 14689 of 2019) For the Petitioner/s : Mr.Sanjay Kumar Singh For the Opposite Party/s : Mr.Damodar Prasad Tiwary (In CRIMINAL MISCELLANEOUS No. 15004 of 2019) For the Petitioner/s : Mr.Radha Mohan Singh For the Opposite Party/s : Smt. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
The petitioners seek bail in a case registered under Sections 30/38/41 of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 1969.920 liters wine is recovered.
Patna High Court CR. MISC. No.14689 of 2019(4) dt.13-05-2019 2/2
It has been submitted on behalf of the petitioners that the petitioners are in custody since 20.01.2019 and 6.2.2019 respectively and petitioner Chhote Kumar Rai @ Chhote Kumar Ray has got no criminal antecedent. Charge sheet has been submitted in the case. There is no allegation of tampering of witnesses alleged against the petitioners. It is alleged that 1969.920 liters wine is recovered from two vehicles. None of vehicles in question belongs to the petitioners. There is no compliance of Section 100 Cr.P.C.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, 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 6th Additional Sessions Judge, Saran at Chapra in connection with Rasulpur P.S. case No.11 of 2019.
(Sudhir Singh, J)
Narendra/-
U T
1 issue framed by the court
Whether the petitioners entitled to bail in a case under Section 201 Cr.P.C. for abetment of offense under Sections 30/38/41 of the Bihar Prohibition and Excise Act, 2016 or under Sections 83/36/41 of
2 provisions across 2 enactments
Chhote Kumar Rai @ Chhote Kumar Ray Son of Bikarma Ray
Bablu Singh @ Bablu Kumar Singh Son of Vijay Singh
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
