In a bail petition under Section 30(a), 38, and 41 of the Bihar Prohibition and Excise Act, 2016, the High Court granted bail to the petitioner, noting his lack of criminal antecedents and the quantity of liquor seized.
Petitioner enlarged on bail on furnishing a bond of Rs. 10,000 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.18942 of 2019
Arising Out of PS. Case No.-316 Year-2018 Thana- SURSAND District- Sitamarhi
======================================================
AMRESH BAITHA Son of Vishnudev Baitha Resident of Village - Dostpur, P.S.- Bathnaha, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar, Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ashhar Mustafa, Advocate For the Opposite Party/s : Mr.Navin Kumar Pandey, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
2 28-03-2019
Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.
Petitioner is in custody in connection with Sursand P.S. Case No. 316/18 for the offence under section 30(a), 38 and 41 of Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner would submit that petitioner has no criminal antecedent.
In the instant case total 25.5 liters of liquor was seized from the possession of the petitioner.
The petitioner is in custody since 4.12.2018.
Considering the fact that petitioner has no criminal antecedent, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.18942 of 2019(2) dt.28-03-2019 2/2
ADJ-II-cum-Special Judge, Sitamarhi, in connection with
Sursand P.S. Case No. 316 of 2018.
(Anil Kumar Upadhyay, J)
Ravi/-
U T
1 issue framed by the court
Whether the petitioner should be enlarged on bail in a liquor possession case.
1 provisions across 1 enactments
Amresh Baitha
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
