High Court granted bail to petitioners accused under the Bihar Prohibition and Excise Act, 2016, who had no criminal antecedents and had been in custody for over three months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21114 of 2019
Arising Out of PS. Case No.-417 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Purnia
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... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Dr. Bidhu Ranjan For the Opposite Party/s : Mr.Syed Mojibur Rahman
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
2 04-04-2019 Heard learned counsel for the petitioners and State.
The petitioners are in custody in connection with Complaint Case No. C1- 417 of 2018 for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioners submits that the petitioners have got no criminal antecedent and he is in custody since 22.12.2018. He further submits that in the instant case total 41.70 litres of foreign liquor and 1.5 litres of beer was seized from a Tempo. He also submits that neither the petitioners are owner of the Tempo nor the driver of the said vehicle.
Considering the fact that the petitioners have got no
Patna High Court CR. MISC. No.21114 of 2019(2) dt.04-04-2019 2/2
criminal antecedent and they have remained in custody for more than three months, the petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs.10,000/(Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge-cumSpecial Judge, Excise Act, Purnea in connection with Complaint Case No. C1- 417 of 2018.
(Anil Kumar Upadhyay, J)
uday/-
U T
2 issues framed by the court
Whether the petitioners accused under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016, are entitled to bail after remaining in custody for over three months.
Whether the fact that the petitioners are not the owners or drivers of the seized vehicle warrants their release.
1 provisions across 1 enactments
Munna Kumar Gupta @ Munna
Ravi Kumar
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
