Single-judge oral order granting anticipatory bail to the petitioner. Petitioner surrendered and was released on bail bond with two sureties and local guarantor conditions.
Petitioner released on bail bond of Rs.25,000 with two sureties of like amount and local immovable property guarantor.
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.4071 of 2020
Arising Out of PS. Case No.-263 Year-2019 Thana- HUSSAINGANJ District- Siwan
======================================================
DURGESH SAH @ DURGESH KUMAR SAH Son of Mahesh Sah R/o Village - Singarpatti, P.S. Hussainganj, Dist. Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Anil Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 22-01-2020
Petitioner seeks bail in anticipation of his arrest in
connection with Hussainganj P.S. Case No. 263 of 2019 registered for the offences punishable under Sections 30(a), 38(i) and 41(i) of Bihar Prohibition and Excise Act.
Prosecution case is that police on information of carrying of liquor by some accused persons reached there and seeing the police party they succeeded in fleeing away and there was recovery of 279.360 litres of liquor and villagers have disclosed the name of the petitioner.
Submission of learned counsel for the petitioner is that name of the villager has not been mentioned and he has no criminal antecedent and nothing has been recovered from his possession.
Heard learned APP also.
Patna High Court CR. MISC. No.4071 of 2020(2) dt.22-01-2020 2/2
In view of above facts and circumstances, let petitioner, in the event of surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional District and Sessions Judge-IIcum-Special Judge, Excise, Siwan, in connection with Hussainganj P.S. Case No. 263 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.
(Vinod Kumar Sinha, J)
spal/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in connection with liquor possession offences.
1 provisions across 1 enactments
Durgesh Sah @ Durgesh Kumar Sah
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
