The Patna High Court granted bail to the petitioner in a liquor offence case under the Bihar Prohibition and Excise Act, noting the period of custody, lack of antecedents, and absence of incriminating material in personal possession.
Petitioner released on bail on furnishing Rs. 10,000 bond with two sureties of 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.22292 of 2024
Arising Out of PS. Case No.-381 Year-2023 Thana- DORIGANJ District- Saran
======================================================
Ganesh Kumar Son Of Late Ramesh Mahto R/O Vill- Gheghta, PS- Muffasil, Distt- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Hemant Kumar, Advocate For the Opposite Party/s : Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA
ORAL ORDER
2 21-03-2024
Heard learned counsel for the petitioner and learned
APP for the State.
Patna High Court CR. MISC. No.22292 of 2024(2) dt.21-03-2024 2/2
with the alleged recovery of liquor. It is further submitted that the petitioner is not the owner of the seized motorcycle. The petitioner is in custody since 30.12.2023 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.
the prayer for grant of bail to the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
2 issues framed by the court
Whether bail shall be granted to the petitioner in the liquor offence case despite completion of charge-sheet.
Whether lack of Section 100 Cr.P.C. compliance and false implication warrant granting bail.
2 provisions across 2 enactments
Ganesh Kumar Son Of Late Ramesh Mahto
The State of Bihar
RUDRA PRAKASH MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
