The Patna High Court released the petitioner on bail in a case under the Bihar Prohibition and Excise Act. The court noted the charge sheet was filed and the petitioner had no criminal record.
Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties of like amount.
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.34722 of 2019
Arising Out of PS. Case No.-170 Year-2018 Thana- BALRAMPUR District- Katihar
======================================================
Arun Kumar Mahaldar, aged about 21 years, Male, S/o Pradhan Mahaldar Resident of Rampur, P.S.- Katihar Nagar, Distt.- Katihar
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Sanjeev Kumar Singh, Adv. For the Opposite Party : Ms. Sangeeta Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA
ORAL ORDER
2 26-02-2020
Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.
Earlier, the bail prayer of the petitioner was rejected by this court, vide order, dated 17.01.2019 passed in Cr. Misc. No. 80168 of 2018 at the initial stage of the case. Now, it is submitted on behalf of the petitioner that the charge-sheet has already been submitted and petitioner is languishing in jail custody since 14.11.2018. It is also informed that the petitioner does not have any criminal antecedent which has been especifically averred at para 3 of the petition.
Patna High Court CR. MISC. No.34722 of 2019(2) dt.26-02-2020 2/2
No doubt, in huge quantity Indian made foreign liquor was recovered from a van in which petitioner was found sitting, but taking into consideration the period of detention of the petitioner in jail custody as well as this aspect of the matter that he does not have any criminal antecedent, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-2nd cum Special Judge, Katihar in connection with Balrampur P. S. Case No. 170 of 2018.
(Hemant Kumar Srivastava, J)
Rajeev Kumar/-
1 issue framed by the court
Whether the petitioner should be released on bail after the charge sheet is submitted and considering his lack of criminal antecedents.
1 provisions across 1 enactments
Arun Kumar Mahaldar
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
