Single bench oral order granting bail to the petitioner in a prosecution for manufacturing illicit liquor under the Bihar Prohibition and Excise Act, 2016, subject to conditions.
Petitioner directed to be released on bail of Rs. 10,000/- with two sureties subject to remaining present during trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19615 of 2017
Arising Out of PS.Case No. -22 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictSHEOHAR
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.... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ritesh Kumar, Advocate For the Opposite Party/s : Mr. Sri Anil Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER
3 25-05-2017 The learned counsel for the petitioner is permitted to make correction in paragraph no. 16 of the petition in course of the day.
Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner seeks bail in connection with Case No. C2-22 of 2017, registered for the offence punishable under Section 30(a), (g) of the Bihar Prohibition and Excise Act, 2016.
Allegedly, from the house and courtyard of coaccused Sone Lal Paswan semi prepared country made liquor about 35 liters in plastic gallon, semi prepared country made liquor about 10 liters in Aluminum dekchy and 37 liters of mixed Toddy kept in plastic gallon were recovered and the petitioner was apprehended from there whereas co-accused succeeded in fleeing
Patna High Court Cr.Misc. No.19615 of 2017 (3) dt.25-05-2017
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away.
Submission is of false implication and that the petitioner is in custody since 07.03.2017, nothing has been recovered from conscious possession of the petitioner or from his house, simply he has gone there and at the same time the raid was conducted and the petitioner was apprehended, the petitioner has got no concern with those recovered articles and, as such, he deserves sympathetic consideration.
Learned A.P.P. opposes the prayer of bail.
In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar, in connection with C2-22 of 2017, subject to the conditions that one of the bailors must be a 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.)
Rajiv/-
U T
1 issue framed by the court
Whether the petitioner shall be granted bail in a case registered for offences under the Bihar Prohibition and Excise Act, 2016.
Lal Babu Paswan
The State of Bihar
JITENDRA MOHAN SHARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
