The Patna High Court granted anticipatory bail to a petitioner in a liquor prohibition case after noting his lack of criminal antecedents. The petitioner was granted an eight-week respite to furnish bail before the Special Judge, Excise.
Anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties for a period of six to eight weeks.
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.85431 of 2019
Arising Out of PS. Case No.-265 Year-2019 Thana- DIDARGANJ District- Patna
======================================================
Rahul Kumar Son of Shiv Shankar Rai, R/o Mohalla- Didarganj, Chek Post, P.S.- Didarganj, Dist- Patna.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : None For the Opposite Party/s : Mr.Kaushal Kishore, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
ORAL ORDER
2 07-02-2020 No one appears for the petitioner.
Perused the F.I.R. and the impugned order.
The present application has been filed for grant of bail
in connection with Special Case No.5471 of 2019, arising from Didarganj P.S. Case No.265 of 2019 registered for offence punishable under sections 30 (a), 36 of the Bihar Prohibition Excise Act.
Altogether recovery has been made of 6.75 litres of Royal Stag Blended Whisky, 4.320 litres of Casinos Pride Whisky and 5 litres of Tuborg Premium Beer.
Looking to the quantity of liquor and the petitioner
Patna High Court CR. MISC. No.85431 of 2019(2) dt.07-02-2020 2/2
having no criminal antecedent, the prayer for bail of the petitioner is allowed and he, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Patna in connection with Special Case No.5471 of 2019, arising from Didarganj P.S. Case No.265 of 2019, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. If the petitioner is found involved in similar type of allegation in future, the prosecution will have liberty to file an application for cancellation of his bail bond.
Mahesh/-
U T
(Shivaji Pandey, J)
1 issue framed by the court
Whether the prayer for anticipatory bail in a liquor prohibition case deserves to be allowed given the petitioner's lack of criminal antecedents.
1 provisions across 1 enactments
Rahul Kumar
The State of Bihar
SHIVAJI PANDEY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
