The Patna High Court granted bail to the petitioner, who surrendered after fleeing custody, in connection with offences of manufacturing and selling illicit liquor.
Released on bail on execution of bond of Rs.10,000/- with two sureties (one near relative, other with immovable property).
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.5797 of 2016 (2) dt.17-02-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5797 of 2016
Arising Out of PS.Case No. -241 Year- 2015 Thana -ITADHI District- BUXAR ====================================================== 1. Chandan Kumar Son of Manager Sah resident of Village - Indour, P.S. - Itarhi, District - Buxar. .... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Abhay Kumar Roy (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 2 17-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State. The petitioner seeks bail in connection with Itarhi P.S. Case No. 241 of 2015 registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 47(a) of the Excise Act.
Allegedly from the house of the petitioner and his brother Gunja Gupta 148 bottles each containing 200ml country made liquor were recovered on 8.12.2015. Co-accused Gunja Gupta was arrested but the petitioner succeeded in fleeing away the petitioner has surrendered on 12.01.2016 and since then he is in custody. Co-accused Gunja Gupta has already been allowed bail vide Criminal Misc. No. 3063 of 2016.
Patna High Court Cr.Misc. No.5797 of 2016 (2) dt.17-02-2016
In the facts and circumstances stated above, the petitioner is also directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned C.J.M., Buxar, in connection with Itarhi P.S. Case No. 241 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J)
siddharth/-
U T
1 issue framed by the court
Whether the petitioner convicted of offences under Sections 272, 273 IPC and Section 47(a) Excise Act is entitled to bail.
2 provisions across 2 enactments
Chandan Kumar Son of Manager Sah
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
