This oral order grants bail to the petitioner, who was in custody since 05.08.2019, in a case concerning offences under Sections 272 and 273 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Petitioner released on bail on furnishing bonds of Rs.10,000/- with two sureties of the 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.56434 of 2019
Arising Out of PS. Case No.-156 Year-2019 Thana- ARA MUFFSIL District- Bhojpur
======================================================
CHHOTU @ PRADEEP, aged about 22 years, Sex-Male, Son of Jaleshwar Singh, Resident of Village - Rampur, P.S.- Ara Muffasil, Dist.- Bhojpur (Ara).
... ... Petitioner
Versus
THE STATE OF BIHAR
... ... Opposite Party
====================================================== Appearance : For the Petitioner : Mr.Arbind Kumar Singh, Advocate. For the Opposite Party : Mr.Anant Kumar 1, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 05-09-2019
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is languishing in custody since 05.08.2019 in a case for the offence registered under Sections 272, 273 of the IPC and 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution story, in brief, is that total 195 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. Charge sheet/prosecution report has been submitted in the present case. 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
Patna High Court CR. MISC. No.56434 of 2019(2) dt.05-09-2019 2/2
195 liters wine is recovered from the Canal. 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 4th Additional Sessions Judge-cum-Special Judge, Excise Act, Bhojpur, Ara, in connection with Ara Muffasil P.S. Case No. 156 of 2019.
(Sudhir Singh, J)
U.K./-
U T
1 issue framed by the court
Whether the petitioner is entitled to release on bail in a case involving offences under Sections 272 and 273 of the IPC?
CHHOTU @ PRADEEP
THE STATE OF BIHAR
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
