The High Court at Patna allowed the petitioner's bail application in a possession of foreign liquor case, citing the co-accused's prior bail grant and the petitioner's lack of criminal antecedents.
Petitioner released on bail on furnishing bonds 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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.49031 of 2016
Arising Out of PS.Case No. -85 Year- 2016 Thana -DAGARUA District- PURNIA
======================================================
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Rama Nand Poddar For the Opposite Party/s : Mr. Smt. Indu Bala Pandey
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 13-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is in custody since 12.08.2016 in connection with Dagarua P.S. Case No. 85 of 2016, registered offences punishable under Section 273 of the Indian Penal Code and Section 47 of the Excise Act.
Allegation against the petitioner is of possessing 18.160 litres of foreign liquor
It is submitted on behalf of the petitioner that the alleged liquor has not been recovered from the conscious possession of the petitioner rather the same has been recovered from the driver of the motorcycle. It has also been submitted that another co-accused, namely, Akhilesh Mandal has been granted the privilege of bail by
Patna High Court Cr.Misc. No.49031 of 2016 (2) dt.13-12-2016
2/2
this Court vide order, dated 09-12-2016 passed in Criminal Miscellaneous No. 47265 of 2016.
Having heard both the sides and considering the fact that the co-accused of this case, namely, Akhilesh Mandal has already been granted the privilege of bail by this Court vide order, dated 09-12-2016 passed in Criminal Miscellaneous No. 47265 of 2016 and also the fact that the petitioner has no criminal antecedent, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000 (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of Shri P.K. Mohit, learned Sub-Judge-II, Purnia in connection with Dagarua P.S. Case No. 85 of 2016.
(Vinod Kumar Sinha, J)
sunil/-
U T
2 issues framed by the court
Whether the petitioner qualifies for bail considering the co-accused was granted bail and the petitioner has no criminal antecedents.
Whether recovery of foreign liquor from a driver rather than the petitioner affects the bail application.
2 provisions across 2 enactments
Mahesh Kumar Mandal
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
