Single judge granted anticipatory bail to the petitioner in an apprehended arrest case under the Bihar Prohibition and Excise Act, requiring a bond and sureties.
Anticipatory bail granted subject to furnishing a bail bond of Rs. 10,000 with two sureties of the same 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.77950 of 2019
Arising Out of PS. Case No.-429 Year-2019 Thana- MOTIPUR District- Muzaffarpur
======================================================
VIKASH KUMAR Son of Shivsharan Rai Resident of Village - Sandha Dambar, P.S.- Motipur, Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Nachiketa Jha For the Opposite Party/s : Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 02-12-2019
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)/ 41 (1) (2) of the Bihar Prohibition and Excise Act.
Learned counsel for the petitioner submits that there is
recovery of 4.5 liters of foreign liquor from the Scooty, he belongs to brother of the co-accused Rakesh Kumar. There is no specific allegation against the petitioner. On the statement of coaccused this case has been lodged.
Learned counsel for the petitioner further submits that
the name of the petitioner revealed before the police by the apprehended person namely Rakesh Kumar. The petitioner has no criminal antecedent.
Patna High Court CR. MISC. No.77950 of 2019(2) dt.02-12-2019 2/2
In the aforesaid facts and circumstances of the case, I am inclined to grant anticipatory bail to the above named petitioner, 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 Special Judge, Excise, Muzaffarpur, in connection with Motipur P.S. Case No. 429 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anjani Kumar Sharan, J)
amitkumar/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in apprehended arrest under Bihar Prohibition and Excise Act?
1 provisions across 1 enactments
Vikash Kumar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
