The bench granted bail to the petitioner in a case involving prosecution for offences under Sections 30(a) and 38(1) of the Bihar Prohibition and Excise Act, 2016 regarding the recovery of wine.
The petitioner is directed to be released on bail by furnishing bonds of Rs.10,000/- with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22399 of 2019
Arising Out of PS. Case No.-580 Year-2018 Thana- NARPATGANJ District- Araria
======================================================
Rakesh Kumar Mandal S/o Adhik Lal Mandal @ Abhik Lal Mandal villageAchra, ward no.6, P.S-Fulkaha,District Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Gopal Kumar Jha For the Opposite Party/s : Mr.Parmanand Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
5 18-06-2019
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 30(a), 38(1) of the Bihar Prohibition and Excise Act, 2016.
Prosecution case, in short, is that 3.600 liters wine is recovered.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.11.2018. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. On self confession of the petitioner, his name has been transpired in the present case. It is alleged that 3.600 liters wine is recovered.
Patna High Court CR. MISC. No.22399 of 2019(5) dt.18-06-2019 2/2
There is no compliance of Section 100 Cr.P.C.
On behalf of the State, it is submitted that the petitioner is not named in the F.I.R./complaint case.
Considering the aforesaid facts and circumstances, it is directed that 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 learned 2nd Additional Sessions Judge-cum-Spl. Judge, Araria in connection with Spl. Case No.1206 of 2018 arising out of Narpatganj P.S. case No.580 of 2018.
(Sudhir Singh, J)
Narendra/-
U T
1 issue framed by the court
Whether the petitioner deserves to be released on bail in a case instituted for offences under Sections 30(a) and 38(1) of the Bihar Prohibition and Excise Act, 2016.
1 provisions across 1 enactments
Rakesh Kumar Mandal
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
