The Patna High Court granted anticipatory bail to the petitioner in a case involving alleged prohibition offense. The bail was made conditional on surrender within twelve weeks upon restoration of normalcy, subject to furnishing bonds later.
Anticipatory bail on personal bond; surrender within twelve weeks after restoration of normalcy.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16166 of 2021
Arising Out of PS. Case No.-463 Year-2019 Thana- KUDHNI District- Muzaffarpur
====================================================== Murari Kumar S/O Mushafir Rai R/O Village- Madapur , P.S. Kudhani (TURKI O.P), District-Muzaffarpur.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Kunwar Ajit Singh, 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), 38(i), 41(i) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 266.400 liters wine is 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 petitioner. The petitioner has falsely been implicated in this
Patna High Court CR. MISC. No.16166 of 2021(2) dt.25-06-2021 2/3
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 266.400 liters wine is recovered from the house of co-accused Ram Lakhan Rai. 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 Special Judge, Excise Act, Muzaffarpur in connection with Kudhani (Turki O.P.) P.S. case No.463 of 2019, 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
Patna High Court CR. MISC. No.16166 of 2021(2) dt.25-06-2021 3/3
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 anticipatory bail in a case under the Bihar Prohibition and Excise Act, 2016.
Whether bail can be granted pending restoration of normalcy due to lockdown.
2 provisions across 2 enactments
Murari Kumar
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
