Patna High Court granted anticipatory bail to petitioner in an FIR under the Bihar Prohibition and Excise Act, 2016, requiring surrender within twelve weeks and sureties.
Anticipatory bail granted subject to surrender within 12 weeks and furnishing bail bond of Rs. 10,000 with two sureties to the Special Judge, Excise Court No.1, Aurangabad.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10853 of 2023
Arising Out of PS. Case No.-350 Year-2022 Thana- DEO District- Aurangabad
======================================================
Vikash Kumar @ Vikas Kumar Son Of Yogendra Mistri R/O VillageBelachiriyanwan, P.S.- Atri, District- Gaya (BIHAR)
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs.Leelawati Kumari, Advocate For the Opposite Party/s : Mrs.Asha Kumari, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 21-04-2023
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 110 liters wine is recovered.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. It is alleged that 110 liters wine is recovered from the motorcycle in question. The name of the petitioner has transpired in this case as the petitioner is the owner of the motorcycle. Said motorcycle was given by the petitioner to the
Patna High Court CR. MISC. No.10853 of 2023(2) dt.21-04-2023 2/2
co-villager for his personal use. The petitioner had no knowledge regarding the alleged incident. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 Cr.P.C. Learned counsel for the petitioner has placed reliance upon the order dated 13-04-2022 passed by the Hon’ble Supreme Court in Cr. Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar).
On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.
Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No.1, Aurangabad in connection with Deo P.S. case No.350/2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Narendra/-
(Sudhir Singh, J)
U T
3 issues framed by the court
Whether bail should be granted to petitioner apprehending arrest under Bihar Prohibition and Excise Act.
Whether the reliance on Supreme Court order permits anticipatory bail with sureties.
Whether petitioner satisfies conditions for anticipatory bail.
Colour shows how this judgement treated each authority
State of Bihar v. Sweta KumariRelied on¶18
Cr. Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar)
3 provisions across 3 enactments
Vikash Kumar @ Vikas Kumar
State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
