Oral order granting bail to the petitioner in a case involving alcohol seizure under the Bihar Prohibition and Excise Act, 2016, noting lack of section 100 Cr.P.C. compliance and no witness tampering allegation.
Release of petitioner on bail on furnishing bond of Rs.10,000 with two sureties of like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53322 of 2019
Arising Out of PS. Case No.-344 Year-2018 Thana- BARH District- Patna
======================================================
NIRAJ KUMAR @ NIRAJ YADAV Son of Sri Chandra Dev Kumar Resident of Village- Hadeyal Bigha, P.S.- Belchhi, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Kumar Manglam For the Opposite Party/s : Mr.Md. Iftekhar Mahmood ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 26-08-2019
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 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.
Prosecution case, in short, is that 60 liters wine is recovered.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.5.2019. Chargesheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 60 liters wine is recovered by the side of railway line. There is no compliance of Section 100 Cr.P.C.
Patna High Court CR. MISC. No.53322 of 2019(2) dt.26-08-2019 2/2
On behalf of the State, it is submitted that the 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 Excise Case No. 8615 of 2018 arising out of Barh P.S. Case No. 344 of 2018.
(Sudhir Singh, J)
Pankaj/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a case involving offences under the Bihar Prohibition and Excise Act.
2 provisions across 2 enactments
Niraj Kumar @ Niraj Yadav
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
