Single judge order granting bail to the petitioner under the Bihar Prohibition and Excise Act, 2016, with provision for provisional release if sureties are unavailable due to lockdown.
Petitioner released on bail with sureties or provisionally on personal bond pending sureties due to lockdown.
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.14296 of 2020
Arising Out of PS. Case No.-49 Year-2020 Thana- BIHPUR District- Bhagalpur
======================================================
SANTOSH KUMAR, S/o Late Vyashdev Choudhary, Resident of VillageMarwa Ward No.05, P.S.- Bihpur (Jhandapur OP), Distt- Bhagalpur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr. Rajive Ranjan Singh- Advocate For the Opposite Party/s : Mr. Ram Priya Sharan Singh-A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA
ORAL ORDER
2 13-05-2020
Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing.
Petitioner is in custody since 10.02.2020 and seeks bail in connection with Bihpur (Jhandapur) P. S. Case No.49 of 2020 registered for the offences punishable under Sections 30(a), 38(1) of the Bihar Prohibition and Excise Act, 2016.
Taking into consideration that nothing has been recovered from the conscious possession of the petitioner and having similar allegation, co-accused has already been granted privilege of bail, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.14296 of 2020(2) dt.13-05-2020 2/2
learned 2nd Additional Sessions Judge-cum-Special Judge (Excise Act), Bhagalpur in connection with Bihpur (Jhandapur) P. S. Case No.49 of 2020.
However, it is made clear that if the petitioner fails to make available sureties due to lock-down as well as due to prevailing situation, the concerned court shall release the petitioner provisionally on personal bond with condition that petitioner shall furnish the sureties when lock-down is over.
(Hemant Kumar Srivastava, J)
vikash/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in the said case.
1 provisions across 1 enactments
SANTOSH KUMAR
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
