The Patna High Court released the petitioner on bail upon furnishing a bond of Rs. 10,000 and two sureties of like amount each, addressing charges of manufacturing prohibited liquor.
Petitioner released on bail on furnishing a bond 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.51729 of 2019
Arising Out of PS. Case No.-383 Year-2019 Thana- PATNA GRP CASE District- Patna
======================================================
MANOJ DAS Son of Krishna Das Resident of Village - Malikpur, Ward No. 03, P.S. - Raghopur, District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Rakesh Kumar Sharma For the Opposite Party/s : Mr.Kumar Ranjit Ranjan ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 20-08-2019
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case instituted for the offences under Section 273 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016.
Prosecution case, in short, is that 16 liters wine is recovered.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 7.7.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 16 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.51729 of 2019(2) dt.20-08-2019 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 Special Judge, Excise, Patna in connection with Special Case No. 5970 of 2019 arising out of Patna Junction (Rajendra Nagar) P.S. Case No. 383 of 2019.
(Sudhir Singh, J)
Pankaj/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail in a case instituted for offences under Section 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Whether non-compliance of Section 100 Cr.P.C. during recovery affects the grant of bail.
3 provisions across 3 enactments
Manoj Das
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Sudhir Singh
Parties & counsel
