Single judge order granting bail to the petitioner who had no criminal antecedents and was in custody for liquor-related offenses, requiring a bail bond and two sureties. Bail may be cancelled if the offense is repeated. No precedents cited.
Enlarged on bail on furnishing bond of Rs. 10,000 with two sureties of the like amount each.
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.80671 of 2018
Arising Out of PS. Case No.-87 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Supaul
======================================================
Uday Yadav son of Late Khikhar Yadav, Resident of Village - Kharma, Chandgodh P.S.- Morana, Dist- Supaul.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ramesh Kumar Singh, Advocate For the Opposite Party/s : Smt. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
2 16-01-2019
Heard learned counsel for the petitioner and learned learned Additional Public Prosecutor for the State.
The petitioner is in custody in connection with P.R. Case No. 87 of 2018 corresponding to Miscellaneous Case No. 806 of 2018 for the offenses under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. In the instant case approximately 140 liters of liquor kept in a plastic bag has been recovered. The petitoner is in custody since 4.11.2018.
Considering the fact that the petitioner has no criminal antecedent, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two
Patna High Court Cr.Misc. No.80671 of 2018(2) dt.16-01-2019 2/2
sureties of the like amount each to the satisfaction of the 2nd Additional Sessions Judge, Supaul in connection with P.R. Case No. 87 of 2018 corresponding to Miscellaneous Case No. 806 of 2018, subject to the condition that in the event of repeat of commission of similar offence by the petitioner, the court below shall be at liberty to cancel the bail bonds of the petitioner.
(Anil Kumar Upadhyay, J)
spandey/-
U T
1 issue framed by the court
Whether the petitioner should be enlarged on bail in connection with offenses under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.
Uday Yadav
The State Of Bihar
ANIL KUMAR UPADHYAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
