Court granted bail to the petitioner in a Bihar Excise case involving liquor possession. He was in custody for three months with no criminal antecedents, and recovery was found in the house backyard, not personal possession.
Petitioner enlarged on bail on furnishing bond of Rs.10,000 with two sureties of similar amount.
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.55474 of 2016
Arising Out of PS.Case No. -91 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictMADHEPURA
====================================================== Brijlal Turi son of Late Rajendra Turi, reisdnet of village- Shahpur Santhali Tola, Ward No.6, Police Station- Gwalpara, District- Madhepura.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. Shailendra Kumar -2
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
The application is for grant of bail for the offence under Sections 30 (a) and 30 (d) of the Bihar Excise (Amendment) Act, 2016.
It has been submitted on behalf of the petitioner that nothing has been recovered from the possession of the petitioner, which will appear from the seizure list, in which it has been mentioned that from the backyard of the house of the petitioner, the same has been recovered. It has further been submitted that even if the same is accepted, only five liters liquor has been recovered from the possession of the petitioner. The petitioner is in custody for more than three months.
Heard learned A.P.P. also.
Patna High Court Cr.Misc. No.55474 of 2016 (2) dt.23-12-2016
2/2
Having heard both sides. In view of the fact that the petitioner is in custody for about three months and there is no criminal antecedent, further the recovery is not from the conscious possession of the petitioner rather it has been recovered from the backyard of the house of the petitioner, let petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Ashok Kumar-II, Judicial Magistrate Ist Class, Uda-Kishunganj, Madhepura in connection with C-91(7)/2016 (Excise Case No.18/2016-17).
(Vinod Kumar Sinha, J)
chn/-
U T
1 issue framed by the court
Whether petitioner is entitled to bail after being in custody for over three months given the nature of recovery.
1 provisions across 1 enactments
Brijlal Turi
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
