The High Court at Patna granted anticipatory bail to the petitioner in a case involving possession of prohibited liquor under the Bihar Prohibition and Excise Act, subject to financial sureties and deposit.
Bail granted subject to deposit of Rs.10,000, furnishing bonds of Rs.20,000 with two sureties, and surrender within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 1865 of 2020
Arising Out of PS. Case No.-725 Year-2019 Thana- KATIHAR District- Katihar
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MD. SABDAR @ SABDAR, Son of Late Nasir Uddin, Resident of Mohalla - Imligachi, D.S. College Road, P.S. - Nagar, District - Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Md. Musowir For the Opposite Party/s : Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 26-02-2020
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30 (A) read with Section 13 of the Bihar Prohibition and Excise Act.
Learned counsel for the petitioner submits that there is recovery of 39 liters english wine from the house of co-accused Manjit Sah and 25.2 liters of english wine from the house of Ajit Pansari overall 64.2 liters. There is no recovery from the conscious possession of the petitioner. The petitioner has been made accused on the basis of confessional statement of coaccused Mukesh Sah. The petitioner has no criminal antecedent.
In the aforesaid facts and circumstances of the case, I am inclined to grant anticipatory bail to the above named
Patna High Court CR. MISC. No. 1865 of 2020(2) dt.26-02-2020 2/2
petitioner, subject to deposit of Rs.10,000/- in the Account of Bihar Kishore Nyay Nidhi bearing A/c no.35094613009, S.B.I., Patna Secretariat Sinchai Bhawan, Patna and on showing receipt of deposit of the aforesaid amount, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-II cum Special Judge, Katihar, District-Katihar, in connection with Katihar Nagar P.S. Case No. 725 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anjani Kumar Sharan, J)
amitkumar/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest in a case under Section 30(A) read with Section 13 of the Bihar Prohibition and Excise Act?
2 provisions across 2 enactments
Md. Sabdar @ Sabdar
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
