The court granted anticipatory bail to the petitioner apprehending arrest in an excise case where wine was recovered from a car he owned but allegedly without his knowledge.
Anticipatory bail granted for 12 weeks upon surrender within the period, on furnishing bond of Rs.10,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2005 of 2023
Arising Out of PS. Case No.-140 Year-2020 Thana- KHODAWANDPUR District- Begusarai
======================================================
MD. MASO @ MD. MASSO Son of Md. Abdul Kaish Resident of VillageShahpur, Dudhpura, P.S.- Khanpur (Hasanpur), District- Samastipur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr.Sandip Kumar Gautam, Advocate For the Opposite Party : Mr.Upendra Kumar, 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 Section-30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 126 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. It is alleged that 126 liters wine is recovered from the car, in question. The petitioner is said to be owner of the car, in question. The said car is run as a public carrier. The petitioner had no knowledge regarding the nature of goods kept in the car. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case.
Patna High Court CR. MISC. No.2005 of 2023(2) dt.21-04-2023 2/2
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. 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 F.I.R.
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 twelve 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 Exclusive Special Excise Court No. 1, Begusarai in connection with Khodawandpur P.S. Case No. 140 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J)
A.K.V.//-
U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case involving recovery of wine from a car he owned?
Whether the petitioner's lack of criminal antecedents and lack of knowledge regarding the goods recovered warrants release on bail?
Colour shows how this judgement treated each authority
Sweta Kumari versus State of BiharRelied on¶15
Cr. Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar.)
2 provisions across 2 enactments
MD. MASO @ MD. MASSO
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
