The Patna High Court granted anticipatory bail to the petitioner in a case involving recovery of country-made liquor, allowing him to surrender within four weeks for arrest followed by bail enlargement.
Enlargement on bail upon surrender within four weeks, bond of Rs. 10,000 with two sureties of the like 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.3295 of 2019
Arising Out of PS. Case No.-278 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai
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Rajo Chaudhry, Son of Late Rameshwar Chaudhry, Resident of Village Rampur, Ward No.18, P.S. Matihani, District Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shubhesh Pandey For the Opposite Party/s : Mr.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 24-01-2019 Heard both sides.
Petitioner apprehends his arrest in Complaint CII Case No.278C2/18 registered under Section 30(a) of the Bihar Prohibition and Excise Act.
The petitioner is made accused on the basis of the accusation that 2 liters of country made liquor is said to have been recovered from behind the house of the petitioner.
It is submitted that nobody has seen the petitioner keeping the liquor behind his house. The recovery was made from open place.
Considering the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of
Patna High Court Cr.Misc. No.3295 of 2019(2) dt.24-01-2019 2/2
this order 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-cum-Special Judge, Excise Act, Begusarai in connection with Complaint CII Case No.278C2/18, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Prabhat Kumar Jha, J)
S.KUMAR/-
U T
1 issue framed by the court
Whether the petitioner should be enlarged on bail in a case concerning country-made liquor.
2 provisions across 2 enactments
Rajo Chaudhry
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
