The Patna High Court granted bail to the petitioner in a police case involving offences under the IPC and Bihar Prohibition and Excise Act. The court directed release on a bond of Rs. 10,000 with two sureties.
Direct release of the petitioner on bail on furnishing bail bonds of Rs. 10,000 with two sureties of the like amount each.
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.50482 of 2019
Arising Out of PS. Case No.-175 Year-2018 Thana- KALYANPUR District- East Champaran
======================================================
BASHIR AHMAD @ BASIR AHMAD Son of Late Sattar Ansari Resident of Village - Mangalapur, P.S.- Kalyanpur, Distirct- East Champaran
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Amir Alam For the Opposite Party/s : Mr.Meena Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 14-08-2019 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 341, 342, 323, 307, 324, 325, 353/34 of the Indian Penal Code and 30(a) and 45 of the Bihar Prohibition and Excise Act, 2016.
The prosecution allegation in short is that the accused persons caused disturbance in official duty and helped the accused in fleeing away.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.5.2019. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no recovery of liquor from the house of
Patna High Court CR. MISC. No.50482 of 2019(2) dt.14-08-2019 2/2
the petitioner. The petitioner is alleged to have helped the accused in fleeing away. There is no injury report on record to show that offence under Section 307 IPC is made out.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
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 ADJ-9th -cum- Special Judge, Excise, Motihari in connection with Kalyanpur P.S. Case No. 175 of 2018.
(Sudhir Singh, J)
Pankaj/-
U T
2 issues framed by the court
Whether the petitioner is entitled to release on bail in a case involving offences under the Indian Penal Code and the Bihar Prohibition and Excise Act.
Whether the grounds of bail, including lack of witness tampering and doubt regarding injuries in an attempt to murder case, warrant release.
2 provisions across 2 enactments
BASHIR AHMAD @ BASIR AHMAD
The State of Bihar
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
