Mahendar Rai v. The State of Bihar
Case at a glance
Outcome
Bail granted
Let the petitioner be released on bail on furnishing
Provisions considered
- Bihar Prohibition and Excise Act s. 30(a)
- Code of Criminal Procedure, 1973 s. 100
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA Mr. Mrityunjay Kumar, Advocate Mrs. Renu Kumari, APP ORAL ORDER 2 21-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Vaishali (Belsar O.P.) P.S. Case No. 265 of 2021, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
The prosecution case, in short, is that, 1656.570 liters liquor was recovered from two places out of which
1420.230 liters liquor was recovered from the house of the petitioner.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got Patna High Court CR. MISC. No.22186 of 2024(2) dt.21-03-2024 no concern with the alleged recovery of liquor. It is further submitted that the alleged recovery was made from the joint house of the family where other family members also reside. The petitioner is in custody since 16.02.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.
Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
Operative part
Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Vaishali (Belsar O.P.) P.S. Case No. 265 of 2021. Rajorshi/- U T (Rudra Prakash Mishra, J)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Let the petitioner be released on bail on furnishing
Which statutory provisions did this judgment involve?
Bihar Prohibition and Excise Act — s. 30(a); Code of Criminal Procedure, 1973 — s. 100.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.