The Patna High Court granted anticipatory bail to the petitioner in a case under the Bihar Prohibition and Excise Act. The petitioner must surrender within twelve weeks and furnish a bond with two sureties under Section 438 Cr.P.C.
Order of anticipatory bail granted subject to surrender within twelve weeks and furnishing of bail bond with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2043 of 2023
Arising Out of PS. Case No.-7 Year-2022 Thana- DAWATH District- Rohtas
======================================================
VIKASH KUMAR S/o Radhe Shyam Singh R/o Village- Dhawar, P.S.Dawath, Distt- Rohtas at Sasaram.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner : Mr. Ashok Kumar Singh, Advocate For the Opposite Party : Mr. Ramesh Chandra, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 20-04-2023
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 16.2 liters wine is recovered.
It has been submitted on behalf of the petitioner that that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired on the basis of disclosure made by local chowkidar. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 16.2 liters wine is recovered from the Khalihan. The Khalihan in question does not belong to the petitioner. Nothing incriminating has
Patna High Court CR. MISC. No.2043 of 2023(2) dt.20-04-2023 2/2
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 Special Exclusive Excise Judge Court No.-1, Rohtas at Sasaram in connection with Dawath P.S. Case No. 7 of 2022, 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
1 issue framed by the court
Whether the petitioner is eligible for anticipatory bail in a case regarding prohibition and excise.
Colour shows how this judgement treated each authority
Sweta Kumari vs State of BiharReferred¶17
Sweta Kumari versus State of Bihar (Cr. Appeal No. 626 of 2022)
2 provisions across 2 enactments
VIKASH KUMAR
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
