In an oral order, the Patna High Court granted bail to the petitioner involved in a case alleging possession of 6.480 liters of wine.
Petitioner released on bail by furnishing a 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.36778 of 2019
Arising Out of PS. Case No.-708 Year-2018 Thana- SIWAN MUFFASIL District- Siwan
======================================================
Mangaru Yadav @ Bitu Kumar Son of Ram Kishun Yadav @ Sri Hari Kishun Yadav Resident of Village - Hakam, P.S.- Mahadeva O.P., Dist.- Siwan.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ram Sandesh Roy For the Opposite Party/s : Mr.Bishweshwar Ram ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 24-06-2019
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 272, 273 of I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Prosecution case, in short, is that 6.480 liters wine is recovered.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.03.2019. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 6.480 liters wine is recovered. There is no compliance of Section 100 Cr.P.C.
On behalf of the State, it is submitted that the
Patna High Court CR. MISC. No.36778 of 2019(2) dt.24-06-2019 2/2
petitioner is 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 Additional Sessions Judge II-cum-Special Judge, Excise, Siwan in connection with Siwan Muffasil (Mahadeva) P.S. case No.708 of 2018.
(Sudhir Singh, J)
Narendra/-
U T
1 issue framed by the court
Whether the petitioner is entitled to be released on bail in a case involving prohibited liquor offences.
2 provisions across 2 enactments
Mangaru Yadav @ Bitu Kumar
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
