Court granted bail to petitioners in a liquor case involving recovery of 15 liters of wine. Petitioners had no antecedents and alleged tampering witnesses. Bail bond of Rs. 10,000 each with two sureties fixed.
Petitioners released on bail bonds of Rs. 10,000/- each with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42438 of 2019
Arising Out of PS. Case No.-134 Year-2019 Thana- WAJIRGANJ District- Gaya
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Vinod Kumar For the Opposite Party/s : Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
APP for the State.
The petitioners seek bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 15 liters wine is recovered.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are in custody since 26-04-2019. petitioners. 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.42438 of 2019(2) dt.10-07-2019 2/2
petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of I/C learned Special Judge, Excise, Gaya in connection with Wazirganj P.S. Case No. 134 of 2019.
(Sudhir Singh, J)
A.K.V.//-
U T
2 issues framed by the court
Whether petitioners are entitled to bail in a case u/s 30(a) of Bihar Prohibition and Excise Act, 2016.
Whether compliance of Section 100 Cr.P.C. (fitting out of physical evidence) is mandatory for granting bail.
2 provisions across 2 enactments
Vicky Kumar
Mukesh Kumar
The State of Bihar
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
