The Patna High Court granted bail to the petitioner, who was in custody for liquor-related offences under the Bihar Prohibition and Excise Act, 2016, in view of his lack of criminal antecedents.
Petitioner granted bail on furnishing a bond of Rs. 10,000 with two sureties each 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.6829 of 2019
Arising Out of PS. Case No.-454 Year-2018 Thana- ROSERA District- Samastipur
======================================================
Daya Kant Singh S/o Dineshwar Singh @ Bindeshwar Singh Resident of Village- Raniparti Thika, Ward No. 08, P.S- Rosera, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raja Ram Mishra For the Opposite Party/s : Mr. Ashok Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
2 06-02-2019
Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.
The petitioner is in custody in connection with Rosera P.S. Case No. 454 of 2018 for the offences under Section 30(a) of Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and he is in custody since 06.12.2018. He further submits that in the instant case 213.840 liters liquor was recovered from the house of one Bindeshwar Singh and not from the house of the petitioner. He further submits that only on account of suspicion petitioner has been made accused in the instant case, he has no concern with the seized liquor.
Considering the fact that petitioner has no criminal
Patna High Court Cr.Misc. No.6829 of 2019(2) dt.06-02-2019 2/2
antecedent, the Court is inclined to grant bail to the petitioner, let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Court of learned Additional District Judge-III-cum-Special Judge, Excise Act, Samastipur in connection with Rosera P.S. Case No. 454 of 2018.
(Anil Kumar Upadhyay, J)
mdrashid/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner in connection with offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 given his lack of criminal antecedents.
1 provisions across 1 enactments
Daya Kant Singh
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
