In a criminal miscellaneous petition, the Patna High Court granted bail to the petitioner in a liquor recovery case, directing a bond of Rs. 10,000 with two sureties.
Petitioner enlarged on bail by furnishing bond of Rs. 10,000 with two sureties of like amount to the 2nd Addl. District Sessions Judge, Gopalganj.
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.28191 of 2020
Arising Out of PS. Case No.-86 Year-2020 Thana- BISHWAMBHARPUR District-
Gopalganj
======================================================
OMPRAKASH YADAV S/o Barishter Yadav Resident of Village- Shyampur, P.S.- Kuchaikot, District- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Harendra Prasad For the Opposite Party/s : Mr.A.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
3 11-11-2020 Heard both sides through Video Conferencing.
The petitioner seeks bail in Vishambharpur P.S. Case
No.86 of 2020 registered under Section 30(a) of Bihar Prohibition and Excise Act.
The learned counsel for the petitioner submits that petitioner was apprehended while he was coming on a motorcycle and from the possession of the petitioner, 45 litres of liquor was recovered. Liquor was also recovered from the possession of other two accused persons. It is submitted that petitioner is in custody since 16.06.2020 for recovery of 45 litres of liquor and petitioner has got no criminal antecedent.
Taking into consideration the facts aforesaid and nature of allegation made against the petitioner and the fact that
Patna High Court CR. MISC. No.28191 of 2020(3) dt.11-11-2020 2/2
petitioner has remained in jail for about five months for recovery of 45 litres of country made liquor from his possession, let the petitioner, above named, 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 2nd Addl. District Sessions Judge, Gopalganj in connection with Vishambharpur P.S. Case No.86 of 2020.
(Prabhat Kumar Jha, J)
Saurabh/-
U T
1 issue framed by the court
Whether the petitioner be enlarged on bail in case registered under Section 30(a) of Bihar Prohibition and Excise Act.
1 provisions across 1 enactments
Ompakash Yadav
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
