This criminal miscellaneous application sought bail for an accused driver facing liquor-related charges. The court granted bail with conditions regarding the bond amount and sureties.
Directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, one being a close relative.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19816 of 2016
Arising Out of PS.Case No. -106 Year- 2016 Thana -BARAUNI District- BEGUSARAI ====================================================== Pramod Kumar @ Pramod Kumar Mahton, Son of Jagdish Mahton, Resident of Village - Harrakh, P.S. - Town, District - Begusarai. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Nakul Kumar Jamuar For the Opposite Party/s : Mrs. Renuka Ratnakar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2 13-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Barauni (Refinery O.P) P.S. Case No. 106 of 2016, registered under Sections 273, 290/34 of the Indian Penal Code and 47(A) Excise Act.
The accusation is that in the evening patrolling duty, Police stopped a pick-up van, which was driven by this petitioner. On search, 240 pouches each containing 400 ML of country made liquor are recovered, which was prepared in the Hindustan Sprit Limited, Begusarai.
Learned counsel for the petitioner submits that petitioner is a simply driver of the vehicle on which the alleged
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country made liquor is said to be recovered. The petitioner having no criminal antecedent is in custody since 15.03.2016.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in connection with Barauni (Refinery O.P) P.S. Case No. 106 of 2016. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner .
(Rajendra Kumar Mishra, J)
manish/U T
1 issue framed by the court
Whether the petitioner is eligible for release on bail in the said allegation.
Pramod Kumar @ Pramod Kumar Mahton
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
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