In CR. Misc. No. 66142 of 2019, the Patna High Court granted anticipatory bail to the petitioner in a Prohibition and Excise Act case, conditioning release on a court deposit of Rs. 50,000.
Granted anticipatory bail on deposit of Rs. 50,000 in the court below, to be released on furnishing bail bonds with two sureties upon arrest or surrender.
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.66142 of 2019
Arising Out of PS. Case No.-101 Year-2019 Thana- LALGANJ District- Vaishali
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UMESH KUMAR BARMAN, aged about 48 years (Male), Son of Ram Babu Prakash Singh, Resident of Village - Jahuri Bazar, P.S.- Hajipur Town, Distt. - Vaishli, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Yashraj Bardhan, Adv. For the Opposite Party/s : Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 15-11-2019
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 30 (a), 32 (2), 41 (1) of the Bihar Prohibition and Excise Act, 2018.
Learned counsel for the petitioner submits that there is recovery of 81 liters of Indian made foreign liquor from the Maruti Swift Car of the petitioner and there is no recovery from the conscious possession of the petitioner. The driver of the vehicle has been arrested and the petitioner is only vehicle owner, he has been made an accused in the present case. The petitioner has no criminal antecedent.
In the aforesaid facts and circumstances of the case, I
Patna High Court CR. MISC. No.66142 of 2019(2) dt.15-11-2019 2/2
am inclined to grant anticipatory bail to the above named petitioner, subject to deposit of Rs. 50,000/- in the court below and on deposit of the aforesaid amount, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II cum Special Judge (Excise), Vaishali, in connection with Lalganj P.S. Case No. 101 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
Such deposit of Rs. 50,000/- shall abide by the outcome of the criminal case.
(Anjani Kumar Sharan, J)
amitkumar/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest in an offense under the Bihar Prohibition and Excise Act, 2018?
2 provisions across 2 enactments
UMESH KUMAR BARMAN
The State of Bihar
ANJANI KUMAR SHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
