This is a bail application filed by Raj Kumar Mahto in an excise case. The petitioner apprehended arrest under the Bihar Prohibition and Excise Act, 2016, arguing the liquor was recovered from an orchard belonging to his joint family. The court allowed the bail application.
Bail granted with a bond of Rs. 20,000 and two sureties for thirty days.
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.9179 of 2019
Arising Out of PS. Case No.-207 Year-2018 Thana- DUMARIAGHAT District- East Champaran
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Raj Kumar Mahto aged about 27 years , Male, S/o Lakshman Mahto Resident of village-Puraina, P.S-Dumariya Ghat, District-East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shakti Suman Kumar, Adv For the Opposite Party/s : Mr.Md. Nazir Ansari,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
2 15-02-2019
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act 2016.
The recovery is of liquor is from the orchard.
Submission is that the orchard is of the joint family of the petitioner. Moreover, the place is accessible by others also. Petitioner has got no criminal antecedent.
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 bond of Rs.20,000 (Twenty Thousand)
Patna High Court Cr.Misc. No.9179 of 2019(2) dt.15-02-2019 2/2
with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Dumariya Ghat P.S.Case No.207 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further 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)
Nitesh/-
U T
2 issues framed by the court
Whether the petitioner is eligible to be released on bail on apprehension of arrest in an excise case.
Whether the petitioner had sufficient criminal antecedents.
2 provisions across 2 enactments
Raj Kumar Mahto
The State of Bihar
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
