The High Court of Patna granted bail to an accused in a Bihar Prohibition and Excise Act case arising from liquor recovery with no allegation of tampering.
Petitioner released on bail on furnishing bonds of Rs. 10,000/- with 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.55532 of 2019
Arising Out of PS. Case No.-145 Year-2019 Thana- SALIMPUR District- Patna
======================================================
SUJEET KUMAR, aged about 27 years, Son of Late Vijay Yadav, Resident of Village - Narchawar, P.S.- Harnaut, Distt - Nalanda.
... ... Petitioner
Versus
THE STATE OF BIHAR
... ... Opposite Party
====================================================== Appearance : For the Petitioner : Mr.Bishwa Bijay Kumar, Advocate. For the Opposite Party : Mr.Ahmad Ali, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 03-09-2019
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is languishing in custody since 18.07.2019 in a case for the offence registered under Sections 30(a) (g) and 38 of the Bihar Prohibition and Excise Act, 2016.
The prosecution story, in brief, is that total 9 liters wine is said to have been recovered.
It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 9 liters wine is recovered. There is no compliance of Section 100 Cr. P.C.
Patna High Court CR. MISC. No.55532 of 2019(2) dt.03-09-2019 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, 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 the learned Special Judge, Excise, Patna, in connection with Special Case No. 6345/2019 (arising out of Salimpur P.S. Case No. 145/2019).
U.K./-
(Sudhir Singh, J)
U T
1 issue framed by the court
Whether the petitioner is eligible for release on bail in a case under the Bihar Prohibition and Excise Act, 2016 where Section 100 CrPC compliance was alleged as lacking.
2 provisions across 2 enactments
Sujeet Kumar
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
