In a criminal miscellaneous petition for bail in a case involving IPC offences and Bihar Prohibition and Excise Act, the High Court directed the release of the petitioner on bail upon furnishing bonds and sureties.
Directed release on bail with bonds of Rs.10,000 and two sureties of 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.52957 of 2019
Arising Out of PS. Case No.-436 Year-2019 Thana- FATUA District- Patna
======================================================
RAJAN RAJ Son of Ramanand Ram @ Ramanand Das Resident of Village - Mosimpur, Kurhta, P.S.- Fatuha, Distt - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Vibhuti Ranjan Sonvadra For the Opposite Party/s : Mr.Kumar Ranjit Ranjan
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 23-08-2019
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, 323, 353, 504 of the Indian Penal Code and Section 37(C) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case in short is that the accused persons in drunken state abused with the informant while he was on duty.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 5.7.2019. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is a case and counter case between the
Patna High Court CR. MISC. No.52957 of 2019(2) dt.23-08-2019 2/2
parties. No offence under the Excise Act has been made out against the petitioner.
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 Special Judge, Excise, Patna in connection with Special Case No. 5912 of 2019 arising out of Fatuha P.S. Case No. 436 of 2019.
(Sudhir Singh, J)
Pankaj/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail furnishing bond and sureties?
2 provisions across 2 enactments
Rajan Raj
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
