The court granted anticipatory bail to the petitioner in a case involving offences under Sections 272/273 IPC and Section 30(a) of the Bihar Prohibition and Excise Act, subject to a bond and conditional surrender.
Bail granted on Rs.20,000 bond with two sureties, conditioned on surrender within thirty days and full cooperation with investigation.
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.1512 of 2020
Arising Out of PS. Case No.-312 Year-2019 Thana- KOTWA District- East Champaran
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SANTOSH SAH Son of Wakil Sah @ Vakil Sah Resident of Village - Bhopatpur Chaubey Tola, P.S.- Kotwa (O.P.- Bhopatpur), District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr.Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
2 14-01-2020
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 Sections 272/273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Liquor was recovered and allegation is that the petitioner was seen in the light of torch when fleeing from the place of recovery.
Submission is that neither the vehicle was of the petitioner nor the liquor was of the petitioner nor the same was recovered from the conscious possession of the petitioner. The petitioner has stated on oath that he has got no criminal
Patna High Court CR. MISC. No.1512 of 2020(2) dt.14-01-2020 2/2
antecedent.
Considering the fact that there is no substantial material to compel the petitioner to go to jail, 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) with two sureties of the like amount each to the satisfaction of the Court-below where the case is pending in connection with Kotwa (O.P. Bhopatpur) Police Station Case No. 312 of 2019, subject to the 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)
Mkr./-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner apprehending arrest for offences under Sections 272/273 IPC and Section 30(a) of the Bihar Prohibition and Excise Act.
3 provisions across 3 enactments
SANTOSH SAH
The State of Bihar
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
