High Court granted anticipatory bail to the accused in an Excise case regarding liquor recovery, directing him to appear or surrender within 12 weeks on personal bond subject to statutory conditions.
Petitioner released on anticipatory bail on personal bond with 12 weeks to appear/surrender, to furnish regular bond later.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16153 of 2021
Arising Out of PS. Case No.-35 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai
======================================================
Nago Kewat S/O Bhuwneshwar Kewat @ Bhuneshwar Kewat R/O Village Jogmela, P.S Lakhisarai District Lakhisarai
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Dharmendra Kumar Raju, Advocate For the Opposite Party/s : Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 25-06-2021
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 30(a), 32, 41 and 56(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 4 liters wine and 600 kgs of fermented jawa mahua are recovered.
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.16153 of 2021(2) dt.25-06-2021 2/3
petitioner. The petitioner has falsely been implicated in this case. The name of the petitioner has transpired in this case on the basis of secret information as per F.I.R. The source and genuineness of the secret information has not been disclosed by the prosecution. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 4 liters wine and 600 kgs of fermented jawa mahua are recovered from the open field in abandoned state. 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 District and Sessions Judge IInd-cum-Special Judge (Excise), Lakhisarai in connection with Excise Case No.35 C2 of 2020 arising out of P.R. No.04 dated 03.05.2020, subject to
Patna High Court CR. MISC. No.16153 of 2021(2) dt.25-06-2021 3/3
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 weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J)
Narendra/-
U T
2 issues framed by the court
Whether the petitioner is entitled to release on anticipatory bail under Section 438 Cr.P.C.
Whether the grounds for arrest are prima facie dubious in the absence of recovered incriminating materials from the petitioner's possession
1 provisions across 1 enactments
Nago Kewat
THE STATE OF BIHAR
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
