The High Court at Patna granted bail to the petitioner in a case under the Bihar Prohibition and Excise Act, noting the absence of liquor recovery and undertaking of cooperation.
Petitioner released on bail furnishing Rs.10,000/- bond with two sureties of similar amount.
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.24942 of 2019
Arising Out of PS. Case No.-50 Year-2019 Thana- DARBHANGA SADAR District-
Darbhanga
======================================================
PAWAN MANDAL Son of Late Parmeshwar Mandal Resident of Khojkipur Sonki O.P, P.S-Sadar, District-Darbhanga.
... ... Petitioner/s
Versus
THE STATE OF BIHAR THROUGH THE DIRECTOR GENERAL OF POLICE, GOVT. OF BIHAR
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Ravi Shankar Ganguli For the Opposite Party/s : Mr.Ramesh Chandra ======================================================
CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner has been in custody since 10.02.2019 in connection with G.O. Excise Case No. 128/19/Sadar (Sonki O.P.) P.S. Case No. 50/19 registered for the offense punishable under Sections 30(a),32(2),38/41 of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner submits that there is no recovery of any quantity of liquor as has been alleged in the F.I.R. and the petitioner has been falsely implicated. It is further submitted that the petitioner has one other case registered against him and the petitioner undertakes to co-operate in any investigation and shall appear in Court as and when required.
Patna High Court CR. MISC. No.24942 of 2019(2) dt.18-04-2019 2/2
In view of the aforementioned 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 learned C.J.M., Darbhanga, in connection with G.O. Excise Case No. 128/19/Sadar (Sonki O.P.) P.S. Case No. 50/19.
(Anjana Mishra, J)
Saif/-
U T
1 issue framed by the court
Whether the petitioner is eligible for release on bail in an excise case where no liquor was recovered.
PAWAN MANDAL
THE STATE OF BIHAR THROUGH THE DIRECTOR GENERAL OF POLICE
ANJANA MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
