The High Court of Patna granted bail to the petitioner, who was in custody for offenses under the Bihar Prohibition and Excise Act. The court noted the absence of criminal antecedents and irregularities in the seizure list preparation as grounds for release on bail.
Petitioner to be enlarged on bail on furnishing a bond of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17615 of 2019
Arising Out of PS. Case No.-27 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi
======================================================
DHARMENDAR RAM S/o Late Harindra Ram Resident of Village- Chhoti Bhasar, P.S.- Sitamarhi, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar, Advocate For the Opposite Party/s : Mrs.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
2 26-03-2019
Heard learned counsel for the petitioner and learned learned Additional Public Prosecutor for the State.
The petitioner is in custody in connection with Case No. C2-27/19 for the offenses under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner submits that petitioner has no criminal antecedent. In the instant case total 12.00 liters of Nepali liquor was seized. The mandatory provisions of the Code of Criminal Procedure was not followed in the process of preparation of seizure list. The petitioner is in custody since 20.01.2019.
Considering the fact that the petitioner has no criminal antecedent, let the petitioner, above named, be enlarged
Patna High Court CR. MISC. No.17615 of 2019(2) dt.26-03-2019 2/2
on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II cum- Special Judge, Excise Act, Sitamarhi in connection with Case No. C2-27/19.
(Anil Kumar Upadhyay, J)
spandey/-
U T
3 issues framed by the court
Whether the petitioner, being an antecedent-free accused, should be enlarged on bail given the irregularities in the seizure list preparation.
Whether the mandatory provisions of the CrPC were complied with in the preparation of the seizure list.
If the petitioner is eligible for bail on furnishing a bond and sureties.
2 provisions across 2 enactments
Dharmendar Ram
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
