The Patna High Court released the petitioner on bail in a case concerning the recovery of liquor and alleged fleeing. The court noted the prosecution's failure to produce the accused within 24 hours of arrest.
Petitioner released on bail on furnishing bonds of Rs. 10,000 with two sureties of Rs. 10,000 each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29717 of 2016 Arising Out of PS.Case No. -81 Year- 2016 Thana -PIRPAINTI District- BHAGALPUR ====================================================== 1. Ajit Rai son of Tileshwar Rai Resident of Village - Toparatola, P.S. Pirpainty, District - Bhagalpur. .... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Sri Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 28-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. 18 liters Indian made foreign liquor were recovered from a bag, kept at the back seat of the motorcycle. It is alleged that petitioner was caught on the spot while he was fleeing away leaving behind his seized motorcycle. Submission on behalf of the petitioner is that the seized motorcycle does not belong to the petitioner and, as a matter of fact, nothing has been recovered from conscious possession of the petitioner. It is submitted that according to the prosecution case, petitioner was arrested on 16.04.2016 but he was produced before the court below on 18.04.2016, i.e., beyond 24 hours and, therefore, the aforesaid fact creates doubt about the
Patna High Court Cr.Misc. No.29717 of 2016 (2) dt.28-07-2016
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genuineness of the prosecution case.
Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, XI, Bhagalpur in connection with Pirpainty P.S.Case No. 81 of 2016.
(Hemant Kumar Srivastava, J)
N.K/U T
2 issues framed by the court
Whether the petitioner should be released on bail given the delay in production beyond 24 hours.
The dispute regarding ownership of the seized motorcycle and nature of possession in connection with liquor recovery case.
Ajit Rai
The State of Bihar
HEMANT KUMAR SRIVASTAVA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
