The Patna High Court granted anticipatory bail to the petitioner in a prohibition case wherein wine was recovered on the basis of secret information, directing submission of bail bonds within six weeks.
Petitioner granted anticipatory bail on furnishing bond of Rs.10,000/- with two sureties, to be surrendered within six weeks.
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.4184 of 2020
Arising Out of PS. Case No.-375 Year-2017 Thana- TEKARI District- Gaya
======================================================
KUSH RAUT Son of Bishwanath Rauth Resident of Village-Malsari, P.STekari, District-Gaya.
... ... Petitioner
| The State of Bihar =================== |
Versus ... ... Opposite Party =================================== |
|---|---|
| Appearance : For the Petitioner/s : For the Opposite Party/s : =================== |
Mr.Ravindra Kumar Sinha Mr.Narendra Kumar Singh =================================== |
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 08-02-2021
Learned counsel for the petitioner is directed to
remove the defects, as pointed out by the Office, within a period of four weeks.
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Section 30(a) (c) (d) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 10 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 name of the petitioner has come on the basis of secret information as per F.I.R. The source and genuineness of
Patna High Court CR. MISC. No.4184 of 2020(2) dt.08-02-2021 2/2
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 10 liters wine is recovered from near the river. 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./complaint case.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Gaya in connection with Tekari P.S. Case No. 375/17, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J)
Pankaj/-
U T
1 issue framed by the court
Whether anticipatory bail can be granted in a case under Section 30(a)(c)(d) of Bihar Prohibition and Excise Act, 2016 based on secret information regarding recovery of prohibited articles.
3 provisions across 2 enactments
KUSH RAUT
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
