Hearing a bail application, the High Court granted anticipatory bail to the petitioner apprehending arrest, directing surrender within 30 days and furnishing a bond with sureties.
Release on bail within 30 days of arrest/surrender by furnishing bond of Rs. 20,000 with two sureties of the like amount and complying with investigation.
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.26703 of 2020
Arising Out of PS. Case No.-43 Year-2020 Thana- SIKARHATTA District- Bhojpur
======================================================
SANJAY PASWAN Son of Kanhaiya Paswan Resident of Village- Dhangaun, P.S.- Tarari, District- Bhojpur.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Gopal Krishna For the Opposite Party/s : Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
3 20-01-2021
Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341,323,353,504/34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2018.
From a motorcycle, liquor was recovered and one person on the motorcycle was apprehended at the spot whereas another fled away. The motorcycle was in the name of wife of the petitioner who has already been allowed bail in this matter. Petitioner has got no criminal antecedent.
Considering lack of material on involvement of the petitioner, let the petitioner, above named, in
Patna High Court CR. MISC. No.26703 of 2020(3) dt.20-01-2021 2/2
the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 learned court below where the case is pending in connection with Excise Case No.694 of 2020 arising out of Sikarhatta P.S.Case No.43 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioner shall fully cooperate with the investigation/trial of the case and also the petitioner shall not leave the country without permission of the learned Trial Court , failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J)
Nitesh/-
U T
1 issue framed by the court
Whether warrant of arrest against petitioner be quashed in favour of release on bail.
3 provisions across 3 enactments
SANJAY PASWAN
THE STATE OF BIHAR
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
