Oral order granting regular bail to petitioner Rahul Kumar in Bihar Prohibition and Excise Act case involving illicit liquor. Court noted police non-compliance and fair antecedents, directing release on bail bond with two sureties.
Petitioner enlarged on bail on furnishing bond of Rs. 10,000/- with two sureties of the like amount each.
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.15918 of 2023
Arising Out of PS. Case No.-20 Year-2023 Thana- SANOKHAR District- Bhagalpur
======================================================
Rahul Kumar Son of Upendra Yadav R/V- Mirjanhat Ishwarnagar, Ward no. 48, P.S- Ishakchak, dist- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance: For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
Patna High Court CR. MISC. No.15918 of 2023(2) dt.13-04-2023 2/2
petitioner are that the petitioner has fair and clean antecedent, the FIR goes to show that the compliance of Section 82 of Bihar Prohibition and Excise Act was not done by the police, though the petitioner was found driving the alleged motorcycle but the same does not belong to him and the mandatory provisions of Section 100 of Cr.P.C. were not followed by the police and the petitioner has been languishing in jail since 21.01.2023.
(Shailendra Singh, J)
Shahnawaz/-
U T
3 issues framed by the court
Whether the petitioner is entitled to regular bail given his clean antecedents and the police failure to comply with statutory provisions.
Whether the petitioner can be enlarged on bail upon furnishing a bond and sureties in connection with the prosecution case.
The appropriate quantum of bail bond and sureties to be accepted for the petitioner's release.
3 provisions across 2 enactments
Rahul Kumar
The State of Bihar
Shailendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
