The High Court ordered the release of the petitioner on bail for offences under the Bihar Prohibition and Excise Act, despite criminal antecedents and alleged lack of compliance with Section 100 Cr.P.C., subject to standard bonds and appearance conditions.
Petitioner released on bail on furnishing Rs. 10,000 bond with two sureties.
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.7386 of 2024
Arising Out of PS. Case No.-116 Year-2023 Thana- BHAPTIAHI District- Supaul
======================================================
SANJAY MEHTA Son of Sobha Mehta @ Subhash Mehta Resident of Village-Garhiya, P.S.-Bhaptiyahi, Dist.-Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Kumar Goutam, Advocate For the Opposite Party/s : Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA
ORAL ORDER
2 13-02-2024
Heard learned counsel for the petitioner and learned APP for the State.
Patna High Court CR. MISC. No.7386 of 2024(2) dt.13-02-2024 2/3
possession of the petitioner. Petitioner has no concern with the alleged recovery. It has been submitted on behalf of the petitioner that the petitioner is in custody since 01.12.2023 and has six criminal antecedents. There is no compliance of Section 100 of the Cr.P.C.
(I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(III) If the petitioner is found involved in similar
Patna High Court CR. MISC. No.7386 of 2024(2) dt.13-02-2024 3/3
nature of offence in future, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner in offences under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the lack of compliance with Section 100 of the Cr.P.C. precludes the grant of bail.
2 provisions across 2 enactments
Sanjay Mehta
The State of Bihar
Rudra Prakash Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
