In this bail application arising from an FIR for foreign liquor sale, the Patna High Court granted bail to the petitioner. He was allowed to surrender within six weeks and be released on bond with two sureties subject to Section 438(2) CrPC conditions.
Release on bail bond of Rs. 10,000/- with two sureties of the like amount if 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.2216 of 2022
Arising Out of PS. Case No.-341 Year-2021 Thana- TAJPUR District- Samastipur
======================================================
RAJEEV KUMAR S/o Lal Babu Singh R/o village- Chandauli, P.S.- Tajpur (Waini O.P.), District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Ranjan Kumar, Advocate For the Opposite Party/s : Mr.Md. Shakir Ahmad Addl Public Prosecutor ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 01-07-2022 Heard learned counsel for the petitioner and the State.
Petitioner apprehends arrest in a case registered for
the offence punishable under Section 30a of the Bihar Prohibition and Excise Act.
Prosecution case is that 153.105 liter foreign liquor was recovered from near the shop of co-accused Lal Dev Ram.
Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent.
Considering the facts of the case, in the event of arrest/surrender within six weeks from today, let the petitioner, above named, be released on bail on furnishing bail bond of
Patna High Court CR. MISC. No.2216 of 2022(2) dt.01-07-2022 2/2
Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge II come Special Judge, Excise Act Samastipur in Tajpur (Waini O.P.) Police Station Case No. 341 of 2021 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J)
shashi/-
U T
1 issue framed by the court
Whether the petitioner who apprehends arrest in a case under Section 30a of the Bihar Prohibition and Excise Act is entitled to bail.
Colour shows how this judgement treated each authority
None citedReferred¶13
2 provisions across 2 enactments
Rajeev Kumar
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
