The Patna High Court granted bail to the petitioner in a liquor-related prosecution under the Bihar Prohibition and Excise Act, 2016 and IPC. The petitioner was released on furnishing bail bonds with conditions requiring representation appearance.
Petitioner released on bail on furnishing bonds of Rs 10,000/- with two sureties of equally 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.71609 of 2019
Arising Out of PS. Case No.-95 Year-2019 Thana- DAGARUA District- Purnia
======================================================
RANJAN JAISHWAL S/o Dinesh Jaishwal R/o Village- Kadma, P.S.Rajepur, District- East Champaran, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Rakesh Kumar Tiwary For the Opposite Party/s : Mr.Shyam Bihari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
3 25-11-2019
Heard learned counsel for the petitioner as well as
learned Addl. Public Prosecutor for the State.
Petitioner seeks bail in a case registered under sections
30(a),41, 47 of Bihar Prohibition and Excise Act, 2016 and sections 272,273 of the IPC.
21 liters of foreign liquor was recovered from vehicle wherein petitioner was also travelling. Petitioner is in custody since 15.06.2019. Petitioner has stated on oath that he has got no such type of criminal antecedent.
Learned A.P.P. opposes the prayer for bail.
Considering the aforesaid submissions, prayer for bail
is allowed.
Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount
Patna High Court CR. MISC. No.71609 of 2019(3) dt.25-11-2019 2/2
each to the satisfaction of the Addl. Sessions Judge II-cumSpecial Judge, Excise Purnea in Dagarua P.S. Case no. 95/2019 subject to the following conditions.
(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.
(Madhuresh Prasad, J)
s.hassan/-
U T
1 issue framed by the court
Whether the petitioner is eligible for bail in a case under sections 30(a), 41, 47 of Bihar Prohibition and Excise Act, 2016 and sections 272, 273 IPC?
2 provisions across 2 enactments
RANJAN JAISHWAL
The State of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
