In a criminal matter involving prohibition offences over seized liquor, the Patna High Court, hearing a bail application, released the petitioner on bond with two sureties to the satisfaction of the special judge.
Release of the petitioner on bail by furnishing bonds of Rs. 10,000 with two sureties of the like amount to the Special Judge.
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.55900 of 2019
Arising Out of PS. Case No.-135 Year-2018 Thana- MADHEPUR District- Madhubani
======================================================
MD. SAJAN (Male), aged about 25 years, Son of Md. Anbarul, Resident of Village - Dharam Nagar, Kuliwag Ward No. 1, Pradhan Nagar, P.S.- Siliguri, (West Bengal), Distt - Darzallingh.
Versus
THE STATE OF BIHAR
... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr.Gagan Deo Yadav, Advocate. For the Opposite Party : Mr.Bharat Lal, 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 31.07.2019 in a case for the offence registered under Sections 272, 273, 120(B) of the IPC and 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution story, in brief, is that total 2159.28 liters wine is said to have been recovered.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 2159.28 liters wine is
Patna High Court CR. MISC. No.55900 of 2019(2) dt.03-09-2019 2/2
recovered from two vehicles i.e., Tara Mini Truck and Hyundai Car in question. Out of which, 27 liters wine is said to have been recovered from Hyundai Car bearing Registration No. WB 74 AB 6493 in queston. The petitioner is alleged to be the driver of the said Hyundai Car. The Tata Mini Truck in question does not belong to the petitioner. There is no compliance of Section 100 Cr. P.C.
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 A.D.J.-IIcum-Special Judge, (Excise), Madhubani, in connection with Madhepur P.S. Case No. 135 of 2018, G.R. Case No. 1910/2019.
(Sudhir Singh, J)
U.K./-
U T
1 issue framed by the court
Whether the petitioner should be released on bail after furnishing security bonds.
3 provisions across 3 enactments
MD. SAJAN
THE STATE OF BIHAR
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
