The Patna High Court granted anticipatory bail to the petitioner in a case alleging recovery of wine. Bail was ordered on a personal bond until normalcy is restored, followed by a monetary bond and sureties afterwards.
Anticipatory bail granted on personal bond until normalcy restored, to be replaced by a bond of Rs.10,000 with two sureties later.
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.14046 of 2021
Arising Out of PS. Case No.-226 Year-2020 Thana- BAIKUNTHPUR District- Gopalganj
======================================================
ALLAUDDIN Son of Md. Ajij Resident of Village - Gandhua, P.O.Rajapatti, P.S.- Baikunthpur, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Naresh Chandra Verma, Advocate For the Opposite Party/s : Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 21-06-2021
Heard learned counsel for the petitioner and learned APP for the State through virtual mode.
Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy.
The petitioner is apprehending his arrest in a case registered under Sections 272, 273/34 of I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Allegation is that 2.300 liters wine is recovered from the motorcycle belonging to the petitioner.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the
Patna High Court CR. MISC. No.14046 of 2021(2) dt.21-06-2021 2/3
petitioner. The petitioner has falsely been implicated in this case. It is alleged that 2.300 liters wine is recovered from the motorcycle belonging to the petitioner. Said motorcycle was given by the petitioner to the co-villager for his personal use. The petitioner had no knowledge regarding the alleged incident. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 Cr.P.C.
On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.
Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Additional Sessions Judge II-cum-Special Judge, Excise Act, Gopalganj in connection with Baikunthpur P.S. case No.226 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight
Patna High Court CR. MISC. No.14046 of 2021(2) dt.21-06-2021 3/3
weeks to the satisfaction of the court concerned in connection
with the aforesaid case.
(Sudhir Singh, J)
Narendra/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case involving alleged violation of prohibition laws.
3 provisions across 3 enactments
Allauddin
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
