Single judge order granting bail to a petitioner facing charges under excise laws for illicit liquor recovery. Bail bonds amount fixed and conditions prescribed.
Enlargement of petitioner on bail on furnishing bond of Rs. 10,000 with two sureties of like 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.54041 of 2018
Arising Out of PS. Case No.-231 Year-2018 Thana- BARBIGHA District- Sheikhpura
======================================================
Bittu Kumar, Son of Upendra Kumar @ Ghuttar Singh @ Upendra Singh, resident of Village- Khalilchak, Police Station- Barbigha, DistrictSheikhpura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Sri Bipin Kumar For the Opposite Party/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER
2 11-09-2018
Heard Sri Bipin Kumar, learned counsel for the petitioner. None appeared on behalf of the State.
The sole petitioner, apprehending his arrest in connection with Barbigha P.S. Case No. 231 of 2018 [ Excise Case No. 185 of 2018 ], registered for the offence under Sections 272/ 273 of the Indian Penal Code, 1860 and Section 30 (a) of the Bihar Prohibition & Excise Act, 2016 , has prayed for grant of bail in the event of his arrest or surrender.
At the very outset, learned counsel for the petitioner has drawn my attention to the statement made in paragraph - 3 of the petition to show that petitioner is having clean antecedent. Besides this, it has also been argued that petitioner has falsely been made accused as if from the cow- shed of the petitioner
Patna High Court Cr.Misc. No.54041 of 2018(2) dt.11-09-2018 2/2
there was recovery of about 26.250 liters of Indian make foreign liquor. He submits that cow- shed was an open place and petitioner was not at all aware about concealment of liquor in the cow- shed.
Be that as it may, considering the nature of accusation and clean antecedent of the petitioner , in the event of his arrest or surrender within a period of six weeks from today, let petitioner - Bittu Kumar 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 learned 1st Additional District Judge, Sheikhpura / concerned court in connection with Barbigha P.S. Case No. 231 of 2018 [ Excise Case No. 185 of 2018 ] subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973.
(Rakesh Kumar, J)
praful/-
U
2 issues framed by the court
Whether the applicant is entitled to bail in the event of arrest or surrender in an excise case.
Whether the clean antecedents of the accused are sufficient grounds for granting bail.
3 provisions across 3 enactments
Bittu Kumar
State of Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Rakesh Kumar
Parties & counsel
