The Patna High Court granted anticipatory bail to the petitioner in a case involving foreign liquor recovery under the Bihar Prohibition and Excise Act, 2016, subject to bond and specific conditions.
Release on anticipatory bail on furnishing a bond of Rs. 20,000 with two sureties of the like amount each, subject to conditions.
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.15572 of 2020
Arising Out of PS. Case No.-163 Year-2019 Thana- GOVINDPUR District- Nawada
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Deepak Chaudhary S/o Shrawan Chaudhary @ Sharawan Chaudhari Resident of Village - Madhopur, Govindpur, P.S. - Govindpur, District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Birendra Kumar, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
2 12-06-2020
This matter has been taken up through Video
Conferencing.
Heard the parties.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a)/30(d) of the Bihar Prohibition and Excise Act, 2016.
From the fodder house of the petitioner foreign liquor was recovered.
Submission is that petitioner has got no criminal antecedent. The petitioner was not there at the time of recovery. The place of recovery is accessible by anyone as it is outside the house.
Considering the entire facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender
Patna High Court CR. MISC. No.15572 of 2020(2) dt.12-06-2020 2/2
before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Govindpur P.S. Case No. 163 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions:
(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.
(b) 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
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case involving offences under the Bihar Prohibition and Excise Act, 2016.
What conditions should be imposed on the grant of anticipatory bail in the pending case.
2 provisions across 2 enactments
Deepak Chaudhary
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
