In an appeal for bail in a Bihar Prohibition and Excise Act case, the court granted release on bail noting procedural lapses regarding recovery of stolen liquor and charge sheet compliance.
Petitioner released on bail by furnishing bonds of Rs. 10,000/- with two sureties of the like amount to the Special Judge, Excise, Araria.
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.20066 of 2019
Arising Out of PS. Case No.-3 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Araria
======================================================
ANUJ KUMAR, Son of Mukesh Yadav, aged about 21 years, Male, Resident of Village - Simarbanni Dhangara, Ward No. 09, P.S.- Bhargama, District – Araria.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr.Kundan Kumar Singh, Advocate. For the Opposite Party : Mr.Awadhesh Kumar Singh, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 16-04-2019 Heard learned counsel for the petitioner and learned
counsel for the State.
The petitioner is languishing in custody since 17.01.2019 in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution story, in brief, is that total 45 liters wine is said to have been recovered.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet/Prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total
Patna High Court CR. MISC. No.20066 of 2019(3) dt.16-04-2019 2/2
45 liters wine is recovered from the car in question. The name of the petitioner has come on the basis of seized car. The petitioner is alleged to be owner of the said car. There is no compliance of Section 100 Cr. P.C.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case.
Considering the aforesaid facts and circumstances, let the petitioner 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 the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Araria, in connection with Special Case No. 87/19, arising out of Excise Case No. 03/2019.
(Sudhir Singh, J)
U.K./-
U T
3 issues framed by the court
Whether the petitioner is entitled to bail considering the lack of compliance with Section 100 Cr. P.C. and the nature of allegations.
Whether there are sufficient grounds to implicate the petitioner in an excise offence based solely on a seized vehicle.
The appropriate bail conditions and surety amounts for the petitioner.
2 provisions across 2 enactments
ANUJ KUMAR
The State of Bihar
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
