The High Court granted anticipatory bail to the petitioner in an excise case involving illegal transportation of liquor, subject to furnishing a bail bond with sureties within four weeks.
Released on bail on furnishing bail bond of Rs. 10,000 with two sureties 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.708 of 2019
Arising Out of PS. Case No.-260 Year-2018 Thana- MANJHI District- Saran
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Santosh Singh @ Santosh Kumar Singh, son of Dhrup Singh, resident of village-Usti, Police Station-Baniyapur, District-Saran.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Prem Sheela Pandey For the Opposite Party/s : Smt. Sahin Begam
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 16-01-2019 Heard both sides.
The petitioner apprehends his arrest in Manjhi P.S. Case No.260 of 2018 registered under Sections 188, 420 of the Indian Penal Code and under Sections 30, 30(a), 38 of Bihar Prohibition and Excise Act.
The informant, a police official intercepted a truck bearing registration No.UP-19T-4378 from which huge quantity of Indian made foreign liquor was recovered.
The learned counsel for the petitioner submits that the name of the petitioner surfaced in the case in the confessional statement of co-accused Rohit Pal, the driver of the truck. Save and except the confessional statement of co-accused, there is no material to show the involvement of the petitioner in illegal transportation of Indian made foreign liquor from one place to
Patna High Court Cr.Misc. No.708 of 2019(2) dt.16-01-2019 2/2
another. Nothing has been recovered from the house of the petitioner.
Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, 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 learned Additional Sessions Judge VI-cum-Special Judge(Excise), Saran at Chapra in connection with Manjhi P.S. Case No.260 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J)
Saurabh/-
U T
1 issue framed by the court
Whether the petitioner should be granted anticipatory bail in connection with the F.I.R. regarding illegal transportation of Indian made foreign liquor.
3 provisions across 3 enactments
Santosh Singh @ Santosh Kumar Singh
The State Of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
