The Patna High Court granted anticipatory bail to the petitioner in a liquor prosecution case, directing removal of defects and stipulating future bond lodging subject to conditions.
Petitioner granted anticipatory bail on personal bond for 12 weeks, directed to furnish security bond after normalcy restoration.
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.29610 of 2021
Arising Out of PS. Case No.-141 Year-2020 Thana- BELSAND District- Sitamarhi
======================================================
SUBHASH KUMAR S/O RAJESHWAR SINGH R/O VILLAGE-MANCHI, P.S. BELSAND, DISTRICT-SITAMARHI.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Pushpendra Kumar Singh For the Opposite Party/s : Mr. N. N. Tiwary, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 10-08-2021
Heard learned counsel for the petitioner and the State
through virtual mode.
Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.
The petitioner is apprehending his arrest in Belsand P.S. Case No. 141 of 2020 registered for the offence under Section-30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 49.5 liters wine is recovered.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the
Patna High Court CR. MISC. No.29610 of 2021(2) dt.10-08-2021 2/3
present case. It is alleged that 49.5 liters wine is recovered from the husk. The name of the petitioner has transpired in this case on the basis of disclosure made by co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. 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 F.I.R.
Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioner, above named, in the event of arrest/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, Sheohar in connection with Belsand P.S. Case No. 141 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.29610 of 2021(2) dt.10-08-2021 3/3
weeks to the satisfaction of the court concerned in connection
with the aforesaid case.
(Sudhir Singh, J)
A.K.V.//-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner in a case involving recovery of liquor during lockdown.
2 provisions across 2 enactments
Subhash Kumar Sadhoo Rajeshwar Singh
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
