This is an oral order granting anticipatory bail to the petitioner facing charges of furnishing liquor under the Bihar Excise and Prohibition Act. The court directed release upon surrender within four weeks upon furnishing bond.
Released on anticipatory bail on surrender within four weeks, furnishing bond of Rs. 10,000/- 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.69314 of 2019
Arising Out of PS. Case No.-127 Year-2019 Thana- GHORASAHAN District- East
Champaran
======================================================
UMA SHANKAR ROY S/o Kerai Rai R/o village- Bela, P.S.- Jitna, DistrictEast Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Umesh Tiwari For the Opposite Party/s : Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 16-11-2019 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner apprehends his arrest in connection with Ghorasahan (Jitna) P.S. Case No. 127 of 2019 for the offence punishable under Section 30(a) of the Bihar Excise and Prohibition Act, 2016.
The allegation is regarding recovery of 720 bottles of 300 ml each of illicit Nepali Kasturi wine from the back side of the house of the petitioner.
The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is further submitted that the alleged recovery of illicit Nepali Kasturi wine has not been made from the premises of the
Patna High Court CR. MISC. No.69314 of 2019(2) dt.16-11-2019 2/2
petitioner, hence no offence under the provisions of the Bihar Excise and Prohibition Act is made out. It is further submitted that there is no material on record to suggest the complicity of the petitioner in the alleged occurrence. The petitioner is stated to be having clean antecedent.
Having regard to the facts and circumstances of the case, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioner above named is directed to be released on anticipatory bail on furnishing bailbonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, East Champaran, Motihari in connection with Ghorasahan (Jitna) P.S. Case No. 127 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J)
Tiwary/-
U
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in connection with the offences under the Bihar Excise and Prohibition Act.
2 provisions across 2 enactments
UMA SHANKAR ROY
The State of Bihar
MOHIT KUMAR SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
