KAMESHWAR RAI v. THE STATE OF BIHAR
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 272, 273
- Bihar Prohibition and Excise Act s. 30(a)
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : : For the Petitioner/s For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER Mr.Manjeet Kumar Mishra Mr.Pramod Kumar Pandey, APP 2 30-08-2023 Heard learned counsel for the parties.
The petitioners apprehend their arrest in a case registered for the offence under Section 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.
60 liters of country-made liquor has been recovered from the field of Horil Rai.
It is submitted on behalf of petitioners that nothing has been recovered from the conscious possession of the petitioners. Recovery has been made from an open place. Petitioners have got clean antecedent.
Considering the nature of allegation and clean Patna High Court CR. MISC. No.56011 of 2023(2) dt.30-08-2023 antecedent of petitioners, let the above named petitioners, in the event of their arrest or surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, East Champaran at Motihari in connection with Chiraiya P.S. Case No. 179 of 2023, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J) anay/- U T
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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