The Patna High Court granted bail to the petitioner in a prohibition case by directing the court below to enlarge him on bond with two sureties within four weeks.
Bail granted upon execution of surety bond of Rs. 10,000 each with two sureties within four weeks.
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.3023 of 2019
Arising Out of PS. Case No.-175 Year-2018 Thana- PACHRUKHI District- Siwan
======================================================
Mausam Kumar S/o Nagina Sah Resident of Village- Daroga Hata, Police Station- Mahadewa O.P., District- Siwan.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Tiwary For the Opposite Party/s : Mr.Ganesh Prasad Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 23-01-2019 Heard both sides.
The petitioner apprehends his arrest in Pachrukhi P.S. case No. 175 of 2018 registered under Section 272, 273 of the Indian Penal Code and under Section 30(a) of Bihar Prohibition
& Excise Act.
The police intercepted a motor cycle and arrested Gopal Sah. Two persons, namely, Mukesh Kumar and Anil Mahto managed to flee away. Four liters of country made liquor was recovered from the dicky of the motor cycle.
The learned counsel for the petitioner submits that petitioner is owner of the motor cycle bearing registration No. BR29AB-7119. Gopal Sah, brother of the petitioner, was driving the motor cycle. The petitioner was not present at the place of occurrence. The petitioner is made accused only because owner
Patna High Court Cr.Misc. No.3023 of 2019(2) dt.23-01-2019 2/2
book of the motor cycle was standing in the name of petitioner.
Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Siwan, in connection with Pachrukhi P.S. Case No. 175 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J)
BKS/-
U T
1 issue framed by the court
Whether the petitioner, alleged owner of the motorcycle used in prohibition violation, is entitled to enlargement on bail.
4 provisions across 3 enactments
Mausam Kumar
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Prabhat Kumar Jha
Parties & counsel
