In a criminal miscellaneous matter, the Patna High Court released a petitioner charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 on bail, citing full investigation and no risk of tampering.
Petitioner released on bail bond of Rs.20,000 with two sureties same amount each subject to specified conditions.
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.852 of 2020
Arising Out of PS. Case No.-360 Year-2019 Thana- RAJAON District- Banka
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LAKHAN DAS Son of Chotan Das Resident of Village - Chasafia, P.S.Rajoun, District - Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Brij Nandad Prasad, Advocate For the Opposite Party/s : Mr.Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
2 16-01-2020
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is languishing in custody for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
16 liters of liquor was allegedly recovered from the possession of the petitioner. The petitioner has stated on oath that he has got no criminal antecedent. He is in custody since 04.11.2019. Investigation of the case is already complete.
Submission is that there is non-compliance of mandate of Section 100 Cr.P.C. in the matter of search and seizure.
Finding substance in the submission aforesaid as well as considering the fact that there is nothing to substantiate that
Patna High Court CR. MISC. No.852 of 2020(2) dt.16-01-2020 2/2
the petitioner is going to tamper with the evidence or abscond the process of law, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Rajoun P.S. Case No.360 of 2019, with following conditions:
(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(c) The petitioner shall not leave the country without permission of the Court.
(Birendra Kumar, J)
Mkr./-
U T
1 issue framed by the court
Whether the petitioner should be released on bail given the completion of investigation and lack of risk of absconding.
Lakhan Das
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
