Himanshu Kumar v. The State of Bihar
Case at a glance
Provisions considered
- Bihar Prohibition and Excise Act, 2018 s. 30(a)
- Code of Criminal Procedure, 1973 s. 438(2)
Key paragraphs
- Para 77. This application is, accordingly, allowed. Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each…
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA Mr.Prabhat Kumar Singh, Advocate Mr.Pradeep Narain Kumar, APP ORAL ORDER 2 14-11-2024
Heard learned Counsel for the petitioner and learned APP for the State.
This application, for grant of anticipatory bail, arises out of Chandi PS case no. 125 of 2024, disclosing offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018.
The prosecution story, as per the First Information report, is that on secret information, the police party reached near the Bundh and recovered 150 liters of illicit countrymade mahua from three bags.
Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case and he has not committed any offence in the manner alleged. He further submits that illicit liquor has not been recovered from conscious possession Patna High Court CR. MISC. No.76413 of 2024(2) dt.14-11-2024 of the petitioner rather it has been recovered from near the bundh. The petitioner has been made accused on the basis of secret information and disclosure of his name by local people.
Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that illicit liquor has not been recovered from the conscious possession of the petitioner rather the same has been recovered from near the bundh which is accessible to all and sundry and the petitioner is not having any criminal antecedent of similar nature of offence, I am inclined to grant the privilege of anticipatory bail to the petitioner.
This application is, accordingly, allowed. Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise Court 1st Bhojpur at Ara in connection with Chandi PS case no. 125 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) rinkee/- U T
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.