Hearing an oral order regarding bail under the Excise Act. The court released the petitioner on bail considering his custodial period despite noting his habitual conduct.
The petitioner is directed to be released on bail by furnishing a bail bond of Rs. 10,000 with one surety and another surety of Rs. 50,000 to be deposited before the learned lower court.
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.39900 of 2016 (2) dt.17-09-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39900 of 2016
Arising Out of PS.Case No. -263 Year- 2015 Thana -UDWANTNAGAR District- BHOJPUR
====================================================== 1. Bhukhan Singh Son of late Mahabir Singh Resident of Village- Asani , P.S. - Udwant Nagar, District Bhojpur (Bihar). .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Sri Amrendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 2 17-09-2016 Heard learned counsel for the petitioner as well as learned APP.
On the eve of assembly election, a raid was conducted in the house of one, Bhagwan Singh and during course thereof, from Bhusaula country made wine as indicated was recovered. In similar course, house of the petitioner was also searched wherefrom 100 litres country made wine was seized. At the time of search, neither petitioner nor Bhagwan Singh was present.
From the order impugned as well as para-3 of the instant petition, it is evident that petitioner happens to be accused in eight cases and majority of which happens to be under Excise Act. It suggests the conduct of the petitioner to be a habitual one. After all, the society should be protected from such kind of
Patna High Court Cr.Misc. No.39900 of 2016 (2) dt.17-09-2016
menace and further, that happens to be the reason behind subsequent amendment in the Excise Act. Furthermore, it is evident that the instant case has been registered on 29.09.2015 while the petitioner had surrendered on 07.04.2016.
Considering the custodial period of petitioner, petitioner, Bhukhan Singh is directed to be released on bail on furnishing bail bond of Rs.10,000/- with one surety and the another surety would be cash of Rs. 50,000/- which the petitioner will deposit before the learned lower court before his release and further will be subject to forfeiture in case, petitioner is found involved with subsequent case arising out of Excise Act, to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in connection with Udwant Nagar PS Case No. 263 of 2015.
(Aditya Kumar Trivedi, J)
perwez
U T
Bhukhan Singh
The State of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
