The Patna High Court granted bail to the petitioner in connection with offences related to possession and sale of country-made liquor and beer. Bail was granted subject to a surety bond and attendance conditions during trial.
Petitioner directed to be released on bail on execution of bail bond of Rs. 10,000/- with two sureties of the like amount each.
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.
Patna High Court Cr.Misc. No.24191 of 2014 (2) dt.04-08-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24191 of 2014 Arising Out of PS.Case No. -151 Year- 2014 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Ashok Singh Son of Bharat Singh, Resident of Village- Ambara Tej Singh, P.S. Saraiya, District Muzaffarpur .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Surendra Kishore Thakur, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 2 04-08-2014 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Saraiya P.S. Case No. 151 of 2014 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 47(a) of the Excise Act.
Allegedly, in the Bihar Line Hotel of the petitioner some persons were found consuming liquor. Accordingly, a raid was conducted and 50 pouches containing 200 ml. country made liquor, 10 bottles of beer of Kingfisher and 10 bottles of Officer Choice containing 180 ml. liquor were recovered.
Submission at the bar for release of the petitioner is that nothing was recovered from the hotel, adjacent to the line
Patna High Court Cr.Misc. No.24191 of 2014 (2) dt.04-08-2014
hotel there is a licensee composite liquor shop and the customers after purchasing the same were consuming and the petitioner has been made victim of the circumstances. The petitioner is suffering in custody since 24.4.2014.
In the facts and circumstances as stated above, the petitioner Ashok Singh is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., West, Muzaffarpur in connection with Saraiya P.S. Case No. 151 of 2014, subject to the condition that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J)
avin/-
U T
2 issues framed by the court
Whether the petitioner is eligible for bail in a case registered for offences under Sections 272, 273 of the Indian Penal Code and Section 47(a) of the Excise Act.
The conditions under which the petitioner shall be released on bail.
2 provisions across 2 enactments
Ashok Singh
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
