Single Judge allowed the petitioners anticipatory bail, directing surrender within four weeks and furnishing a bond of Rs. 10,000 with two sureties under CrPC 438(2).
Granted anticipatory bail directing surrender within four weeks and furnishing bond of Rs. 10,000 with two sureties.
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.42576 of 2021
Arising Out of PS. Case No.-47 Year-2021 Thana- ASANWA District- Siwan
======================================================
MUNNA RAJBHAR S/o Late Hridya Rajbhar R/o village- Dehura, P.S.Asawn, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Mr. Tapeshwar Sharma ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 04-03-2022
Heard learned counsel for the petitioner and learned
APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Asawan P.S. Case no. 47 of 2021 instituted for the offence under Sections 272, 273 and 308 of the Indian Penal Code and Section 30(a) and 41(i) of the Bihar Prohibition of Excise Act.
Prosecution case relates to recovery of 8 liters of mahua liquor from a white colour motorcycle, which was standing outside the house of the petitioner .
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery or with the vehicle in
Patna High Court CR. MISC. No.42576 of 2021(2) dt.04-03-2022 2/2
question. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Asawan P.S. Case no. 47 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 2nd -cumSpecial Judge, Siwan subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J)
sushma/-
U T
1 issue framed by the court
Whether the evidence of recovery of liquor is sufficient to justify anticipatory bail or if the bail prayer should be allowed with conditions.
1 provisions across 1 enactments
Munna Rajbhar S/o Late Hridya Rajbhar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
