A single-judge bench granted pre-arrest bail to the petitioner in connection with a liquor-related case, directing his surrender within four weeks upon furnishing a bail bond with two sureties, subject to conditions under Section 438(2) CrPC.
Petitioner granted pre-arrest bail on furnishing bond of Rs.10,000 with two sureties to surrender within four weeks.
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.61352 of 2019
Arising Out of PS. Case No.-52 Year-2019 Thana- KINJAR District- Jehanabad
======================================================
AJAY YADAV, aged about 35 years, Male, Son of Late Chandrika Yadav, Resident of Village - Visunpura, P.S.- Paras Bigha, Dist.- Jehanabad
... Petitioner
Versus
| The State of Bihar ================ |
... Opposite Party ====================================== |
|---|---|
| Appearance : For the Petitioner For the Opposite Party ================ |
: Mr. Ranjay Kumar Singh, Adv. : Mr. Gauri Shankar Gupta, APP ====================================== |
| CORAM: HONOUR MISHRA |
ABLE MR. JUSTICE RAJENDRA KUMAR |
ORAL ORDER
Heard learned counsel for the petitioner and learned
The petitioner seeks pre-arrest bail in connection with Kinjar P.S. Case No. 52 of 2019 for the offence alleged under Section 30(A)(C) of the Bihar Prohibition and Excise Act, 2016.
The accusation is that in course of patrolling duty one person was seen moving with gallon. On seeing the police party he started to flee away throwing the gallon, but, he was identified by the people present there as Ajay Yadav (petitioner) and in the gallon 10 liters of country made liquor recovered. At that place utensils for preparing the liquor, one another gallon, containing 10 liters of country made liquor, small gas cylinder and oven also recovered.
The submission of the learned counsel for the petitioner is that the petitioner was not apprehended on spot and
Patna High Court CR. MISC. No.61352 of 2019(2) dt.14-10-2019 2/2
his name of the petitioner was disclosed by the co-villagers, present on the spot, but, the name of villagers have not been detailed in the first information report. Petitioner has no criminal antecedent.
Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Kinjar P.S. Case No. 52 of 2019 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, II, Jehanabad, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.
(Rajendra Kumar Mishra, J)
Shamshad/-
U T
1 issue framed by the court
Whether the petitioner, who was not apprehended on spot and has no criminal antecedent, is entitled to pre-arrest bail under Section 438 CrPC.
1 provisions across 1 enactments
AJAY YADAV
RAJENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
