The Patna High Court granted bail to the petitioner in a case involving the recovery of 10 liters of wine under the Bihar Prohibition and Excise Act, 2016, fixing a bond with two sureties.
Petitioner released on bail with bonds of Rs. 10,000 and two sureties of like amount to the Special Judge, Excise Act, Gaya.
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.52025 of 2019
Arising Out of PS. Case No.-239 Year-2019 Thana- SHERGHATI District- Gaya
======================================================
Anirudh Paswan Son of Late Tetar Paswan Resident of Village- Kadwa, P.S.Sherghati, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Vishwa Ranjan Choudhary For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 21-08-2019 Counsel for the petitioner seeks permission to make
necessary correction in paragraph-3 of the application in course of the day.
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 Act, 2016.
The prosecution case, in short, is that 10 liters wine is recovered.
It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 01-06-2019. It is alleged that 10 liters wine is recovered. There is no compliance of Section 100 Cr.P.C.
Patna High Court CR. MISC. No.52025 of 2019(2) dt.21-08-2019 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 Special Judge, Excise Act, Gaya in connection with Sherghati P.S. Case No. 239 of 2019.
(Sudhir Singh, J)
A.K.V.//- U T
1 issue framed by the court
Whether the petitioner is eligible for bail release in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 given the alleged non-compliance of Section 100 Cr.P.C.
2 provisions across 2 enactments
Anirudh Paswan
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
