This is a bail application under the Bihar Prohibition and Excise Act, 2016. The court released the petitioner on bail upon furnishing a bond and sureties, noting the lack of antecedents and failure to comply with Section 100 Cr.P.C.
Petitioner released on bail with bond of Rs.10,000/- and two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27072 of 2019
Arising Out of PS. Case No.-40 Year-2019 Thana- BALRAMPUR District- Katihar
======================================================
Chandan Goswami Son of Late Banarsi Goswami Resident of VillageSikanarpur, Kalbalia, P.S.- Sadar, District- Purnea.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Amit Kumar Anand For the Opposite Party/s : Mr.Arun Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 25-04-2019
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) and 13 of the Bihar Prohibition and Excise Act, 2016.
Prosecution case, in short, is that 230.400 liters wine is recovered.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.03.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 230.400 liters wine is recovered. There is no compliance of Section 100 Cr.P.C.
On behalf of the State, it is submitted that the petitioner is
Patna High Court CR. MISC. No.27072 of 2019(2) dt.25-04-2019 2/2
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 District & Sessions Judge-cum-Special Judge, Katihar in connection with Balrampur P.S. case No.40 of 2019.
(Sudhir Singh, J)
Narendra/-
U T
1 issue framed by the court
Whether the appellant is entitled to bail in a case involving possession of liquor.
2 provisions across 2 enactments
Chandan Goswami
State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
