The High Court of Patna granted bail to the petitioner in a charge under the Bihar Prohibition and Excise Act concerning seized wine. The court considered the petitioner's clean antecedents and lack of witness tampering allegations.
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.48364 of 2019
Arising Out of PS. Case No.-258 Year-2019 Thana- KHAJEKALA District- Patna
======================================================
Dinesh Kumar Son of Laldev Rai Resident of Mohalla- Kauakoh, P.S.Chowk, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Anil Chandra For the Opposite Party/s : Mr.Madan Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 02-08-2019
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case registered under Sections 30(a), 38 & 41 of the Bihar Prohibition and Excise Act.
The prosecution case, in short, is that 32.4 liters wine is recovered.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 14-06-2019. It is alleged that 32.4 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 named in the F.I.R.
Patna High Court CR. MISC. No.48364 of 2019(2) dt.02-08-2019 2/2
Considering the aforesaid facts and circumstances, let 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 Special Judge, Excise, Patna in connection with Special Case No. 5292 of 2019 (Arising out of Khajekala P.S. Case No. 258 of 2019).
(Sudhir Singh, J)
A.K.V.//-
U T
2 issues framed by the court
Whether the petitioner satisfies the conditions for release on bail in a case under the Bihar Prohibition and Excise Act.
Whether the absence of compliance with Section 100 Cr.P.C. precludes the grant of bail.
2 provisions across 2 enactments
Dinesh Kumar
The State of Bihar
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
