This short order refuses bail to a petitioner caught manufacturing country-made liquor. The court rejected the bail application but allowed its renewal if the trial is not concluded within three months.
Prayer for bail rejected; petitioner may renew prayer before trial court if trial is not concluded within three months.
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.33979 of 2016
Arising Out of PS.Case No. -105 Year- 2016 Thana -BHAGWANPUR District- BHABHUA (KAIMUR) ====================================================== 1. Bhola Mallah S/o Late Shivnath Mallah, R/o village- Mohanpur, P.S.Bhagwanpur, District- Kaimur at Bhabhua. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Sri Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER
Petitioner seeks bail in a case registered for the offences punishable under Section 273 of the Indian Penal Code and Section 47(A) (E) of Bihar Excise Act.
500 ml. Mahua liquor and 5 kg. Jawa Mahua were recovered from the hut of the petitioner and petitioner was caught on the spot while he was engaged in manufacturing country made liquor.
Considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with
Patna High Court Cr.Misc. No.33979 of 2016 (2) dt.20-08-2016
2/2
Bhagwanpur P.S. Case No. 105 of 2016 pending in the court of Sub Divisional Judicial Magistrate, Kaimur at Bhabua stands rejected.
However, if the trial of the petitioner is not concluded within three months from the date of receipt/production of copy of this order to the concerned court, petitioner may renew his prayer for bail before the learned trial court itself.
(Hemant Kumar Srivastava, J)
SHAHZAD/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a manufacturing of country-made liquor case.
2 provisions across 2 enactments
Bhola Mallah
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
