The Patna High Court granted bail to the petitioner in a sale of prohibited liquor case, conditioning release upon completion of three months in custody.
Petitioner enlarged on bail on completion of three months in custody by furnishing a bond of Rs. 10,000 with two sureties.
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.28301 of 2018
Arising Out of PS.Case No. -49 Year- 2018 Thana -BHANGWANPUR HAT District- SIWAN
====================================================== 1. Satrughan Yadav S/o Shri Rai R/o Village Matanpura, P.S. Bhagwanpur Hatt, District- Siwan. .... .... Petitioner/s
Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Chandra Kant For the Opposite Party/s : Mr. Smt. Anusuiya Jaiswal
====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
2 11-05-2018 Heard learned counsel for the petitioner and learned
APP for the State.
Petitioner seeks bail in connection with Bhagwanpur Hatt P.S. Case No. 49 of 2018 for offences punishable under Sections 272, 273, 308 and 420 of the Indian Penal Code and Section 30(a)/41(1) of Bihar Prohibition and Excise Act, 2016.
The prosecution case, as lodged by the police personnel is that on secret information, police officials reached on spot and found one Alto car and 4-5 motorcycles and some persons standing and sitting in the car. The petitioner was apprehended who revealed the name of other co-accused. From the car 15.375 liters of illicit foreign liquor was recovered and accordingly, a seizure list was prepared.
It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated and he is languishing in judicial custody since 04.03.2018.
Patna High Court Cr.Misc. No.28301 of 2018 (2) dt.11-05-2018
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However, learned APP for the State opposes the prayer for bail stating therein that the petitioner is involved in two more cases of similar nature and he is a habitual offender.
Considering the facts and circumstances of the case and materials available on record let the petitioner, above named, be enlarged on bail on completion of three months in custody on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Siwan in connection with Bhagwanpur Hatt P.S. Case No. 49 of 2018 with the following conditions:
(i) One of the bailors of the petitioner shall be a
local person having sufficient immovable property
within the jurisdiction of the concerned Court.
(ii) The petitioner will cooperate in the
investigation/trial and will also appear before the concerned police station/court as and when required.
(Nilu Agrawal, J)
sushma/U T
1 issue framed by the court
Whether bail should be granted to the petitioner in connection with offences under the Indian Penal Code and Bihar Prohibition and Excise Act.
2 provisions across 2 enactments
Satrughan Yadav
The State of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
