The Patna High Court granted bail to the petitioner in a case concerning foreign liquor possession and possession of unmarked liquor under the Indian Penal Code and Bihar Prohibition and Excise Act, contingent upon framing of charges.
Petitioner released on bail after framing of charges on bonds of Rs. 20,000 with two sureties.
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.56187 of 2019
Arising Out of PS. Case No.-672 Year-2019 Thana- AHIYAPUR District- Muzaffarpur
======================================================
SHIVAM KUMAR S/o Late Harendra Rai. R/o village- Raghopur, P.S.Ahiyapur, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Bhavesh Kumar For the Opposite Party/s : Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
2 09-09-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 272, 273, 290, 414/34 of the Indian Penal Code and Section 30(a), 34, 38, 41 of the Bihar Prohibition and Excise Act, 2016.
From a four wheeler, foreign liquor was recovered and allegation is that the petitioner was driving the said vehicle. Petitioner has stated on oath that he has got no criminal antecedent.
Considering the facts aforesaid, let the petitioner, above named, be released on bail after framing of the charges on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.56187 of 2019(2) dt.09-09-2019 2/2
satisfaction of learned court below where the case is pending in connection with Ahiyapur Police Station Case No.672 of 2019, subject to condition that both the bailors shall be resident of the territorial jurisdiction of the learned court below and the petitioner shall fully co-operate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner .
(Birendra Kumar, J)
abhishek/-
U T
1 issue framed by the court
Whether the petitioner be released on bail after framing of charges in a case involving foreign liquor possession and receipt.
2 provisions across 2 enactments
Shivam Kumar
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
