Privilege of regular bail granted to the petitioner in a case involving offences under the Indian Penal Code and Bihar Prohibition and Excise Act, 2016 for furnishing bail bond and sureties.
Petitioner enlarged on bail by furnishing bail bond of Rs. 10,000 with two sureties of the like amount each subject to conditions under Section 437(3) Cr.P.C.
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.34554 of 2018
Arising Out of PS.Case No. -32 Year- 2018 Thana -SAKRI District- MADHUBANI
====================================================== Anil Kumar, S/o Shiv Ray, resident of Pandaul (Budhan Jha Toll), P.S.Pandaul, District- Madhubani.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
2 14-06-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner, in the present case, is seeking regular bail in connection with G.R.No.378 of 2018, arising out of Sakri P.S. Case No.32 of 2018, registered for offences alleged under Sections 272, 273/34, 406 and 420 of the Indian Penal Code and Sections 30(a), 36, 38(1) and 41(1) of Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner submits that as per the allegations when the police party intercepted the truck in question which was full of illicit liquor, altogether 10 to 15 persons were found standing there with the motorcycle and on seeing the police party taking advantage of the darkness they started fleeing away. It
Patna High Court Cr.Misc. No.34554 of 2018 (2) dt.14-06-2018
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is submitted that this petitioner is said to be one of the persons who were caught by the police while trying to flee away from the said place. Learned counsel submits that so far as the recovery of illicit liquor is concerned, it has been recovered from the truck in question. Learned counsel submits that this petitioner has no relationship with the said truck or the owner of the truck. However, he has been falsely implicated in this case by the police. Learned counsel submits that there is no recovery of any illicit liquor either from his possession or from his residential premises and, therefore, there is nothing to connect the petitioner with the present case. It is submitted that the petitioner has got no criminal history. It is also submitted that one of the co-accused Bikram Yadav has been granted privilege of anticipatory bail in Cr. Misc. No. 32712 of 2018.
Learned APP for the State is present.
Considering the facts and circumstance of the case whereunder the submission of the petitioner is that the petitioner has got no criminal antecedent and the recovery of illicit liquor has been made from the truck which does not belong to this petitioner, let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned
Patna High Court Cr.Misc. No.34554 of 2018 (2) dt.14-06-2018
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Additional Sessions Judge-II –cum- Special Judge, Excise Act, Madhubani, in connection with G.R. No.378 of 2018, arising out of Sakri P.S. Case No. 32 of 2018, subject to the conditions U/S 437(3) Cr.P.C.
(Rajeev Ranjan Prasad, J)
Arvind/-
U T
3 issues framed by the court
Whether the petitioner is eligible for regular bail in the present case given the circumstances of recovery and his criminal antecedents.
Whether the seizure of illicit liquor from a truck not belonging to the petitioner justifies implicating him without recovery from his possession.
Whether the petitioner satisfies the requirements of Section 437(3) Cr.P.C. for bail in an offence punishable with life imprisonment or death.
3 provisions across 3 enactments
Anil Kumar
The State of Bihar
RAJEEV RANJAN PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
RAJEEV RANJAN PRASAD
Parties & counsel
