Court granted bail to petitioner in excise case wherein 18 liters of wine were recovered, noting lack of compliance with Section 100 Cr.P.C. and absence of criminal antecedents.
Order for release on bail on furnishing bonds of Rs.10,000/- with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49146 of 2019
Arising Out of PS. Case No.-344 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur
======================================================
Rajendra Mukhia Son of Damodar Mukhia Resident of Village-Bakhari Ward No.13, Police Station-Bithan, District-Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pankaj Kumar For the Opposite Party/s : Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 06-08-2019
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
The prosecution case, in short, is that 18 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 04-07-2019. It is alleged that 18 liters wine is recovered. There is no compliance of Section 100 Cr.P.C.
Patna High Court CR. MISC. No.49146 of 2019(2) dt.06-08-2019 2/2
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
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 Additional Sessions Judge-IInd-cum-Special Judge, Excise, Samastipur in connection with Excise P.S. Case No. 344 of 2018.
(Sudhir Singh, J)
A.K.V.//-
U T
1 issue framed by the court
Whether bail should be granted in a case under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018 for alcoholic liquor related offence.
1 provisions across 1 enactments
Rajendra Mukhia
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
