Patna High Court granted bail to a petitioner apprehending arrest under the Bihar Prohibition and Excise Act, 2016, noting his absence from recovery spot and lack of criminal antecedents.
Released on bail after 30 days, bond of Rs.20,000 with two sureties of Rs.20,000 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.8877 of 2019
Arising Out of PS. Case No.-301 Year-2017 Thana- PARSABAZAR District- Patna
======================================================
Gauri Shankar Kumar @ Lalu Kumar, s/o Mundrika Prasad, Resident of village- New Atwarpur Geeta Sharma ke Rental, P.S.- Parsa Bazar, DistrictPatna.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Satrudhan Kumar For the Opposite Party/s : Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
2 14-02-2019
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 Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The recovery of liquor is alleged from the house of Baleshwar Prasad and Sunil Prasad .
Submission is that the petitioner was not there, nor the petitioner has got any criminal antecedent.
Considering the aforesaid material, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order be released on bail on furnishing bail
Patna High Court Cr.Misc. No.8877 of 2019(2) dt.14-02-2019 2/2
bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Parsa Bazar Police Station Case No.301 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J)
abhishek/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail pending investigation.
2 provisions across 2 enactments
Gauri Shankar Kumar @ Lalu Kumar
THE STATE OF BIHAR
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
