The Patna High Court granted anticipatory bail to the petitioner, directing him to surrender within six weeks, to be released on a bail bond of Rs. 10,000 with two sureties under Section 438(2) CrPC in connection with a liquor case.
Order to surrender within six weeks and enlarge on bail bond of Rs. 10,000 with two sureties.
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.2480 of 2020
Arising Out of PS. Case No.-125 Year-2016 Thana- GOVERNMENT OFFICIAL COMP. District- Jamui
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Puna Saw @ Sunil Saw @ Puna Sah @ Puno Sah Son of Late Sadhu Sah @ Late Sadhusaran Sah Resident of Village - Laxmipur, P.S.- Laxmipur, District - Jamui (Bihar)
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Satya Prakash Parasar, Advocate For the Opposite Party/s : Mr.Satyendra Narayan Singh, APP
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 28-02-2020 Heard learned counsel for the petitioner and learned
APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Case no. 125 C2 of 2016 registered for offence punishable under section 47A of the Bihar Prohibition and Excise Act, 2016.
As per the allegation in the FIR, 20 litres of Mahua liquor was recovered from the house of the accused.
It is submitted by learned counsel for the petitioner that contrary to the allegations, no recovery of any incriminating article has taken place either from the person or from the house of the petitioner. It is further submitted that he has been falsely implicated in this case which would be evident from the fact
Patna High Court CR. MISC. No.2480 of 2020(2) dt.28-02-2020 2/2
that for the recovery said to have taken place on 3.3.2016, the same was sent to the Court and was perused by the learned Chief Judicial Magistrate 27 days later only on 30.3.2016. It is further submitted the petitioner has no criminal antecedent.
The application for bail has been opposed by learned APP for the State.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of six weeks from today and in the event of his arrest or surrender in connection with Case no. 125C2 of 2016 he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J II, Jamui subject to the condition as laid down under section 438(2) of the Criminal Procedure Code.
(Partha Sarthy, J)
Prakash/-
U
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner apprehending arrest in a liquor violation case.
1 provisions across 1 enactments
Puna Saw @ Sunil Saw @ Puna Sah @ Puno Sah
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
