Court granted anticipatory bail to the petitioner in a case involving liquor possession. Bail released within six weeks subject to furnishing bond and sureties on conditions.
Petitioner to be released on bail upon arrest or surrender within six weeks by furnishing bonds.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15018 of 2020
Arising Out of PS. Case No.-221 Year-2019 Thana- HATHUA District- Gopalganj
======================================================
Rabindra Kumar @ Ravindra Kumar @ Ravindar Kumar, male, aged about 27 years, S/o Uma Kant Prasad, R/o village- Mani Chhapar, P.S.- Hathua, District- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Lokesh Kumar Singh, Adv. For the Opposite Party/s : Mr. Ram Bachan Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
2 09-07-2020
Heard the counsel for the parties.
The petitioner seeks bail in anticipation of his
arrest in connection with Hathuwa P.S. Case No. 221 of 2019, dated 12.12.2019, instituted for the offence under
Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The petitioner is stated to be a person of clean antecedent.
From a bag, which is said to have been thrown by the petitioner and his associates, 42.3 litres of liquor was recovered.
It has been submitted on behalf of the petitioner
that the story of his having fled-away after throwing the bag
Patna High Court CR. MISC. No.15018 of 2020(2) dt.09-07-2020 2/2
containing liquor has maliciously been planted by the police. There is no recovery from the constructive possession of the petitioner.
Considering the facts aforestated, the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Addl. Sessions Judge-Cum-Special Judge, Excise, Gopalganj, in connection with Hathuwa P.S. Case No. 221 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
(Ashutosh Kumar, J)
Praveen-II/-
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in connection with the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
1 provisions across 1 enactments
Rabindra Kumar
The State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
