SATENDRA PRASAD @ SATENDAR PD v. THE STATE OF BIHAR
Case at a glance
Provisions considered
Judgment
====================================================== Appearance : : For the Petitioner/s For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH Mr. Narendra Kumar, Adv. Ms. Rina Sinha, APP ORAL ORDER 2 28-07-2023 Heard Mr. Narendra Kumar, learned counsel appearing on behalf of the petitioner and Ms. Rina Sinha, learned A.P.P. for the State.
The petitioner apprehend his arrest in connection with Panapur P.S. Case No. 323 of 2022, dated 04.12.2022 registered under Sections 30 (a) of the Bihar Prohibition and Excise Act, 2016.
The allegation made in the F.I.R. is that recovery of
2.340 litres of whisky and 30 litres of spirit.
Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and even considering the quantity which has been recovered, will not amount that he is involved in sale and purchase of liquor. The petitioner has clean antecedent. Patna High Court CR. MISC. No.39930 of 2023(2) dt.28-07-2023
Learned A.P.P. for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.
Considering the nature of allegation as well as the quantity of liquor and also the fact that this is first offence committed under Bihar Prohibition and Excise Act, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Exclusive Special Excise Court, Saran at Chapra in connection with Panapur P.S. Case No. 323 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
The Court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph no. 3 of the bail application, this order will automatically loose its force. pravinkumar/- U T (Purnendu Singh, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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