In Criminal Miscellaneous No.58020 of 2018, the Patna High Court granted bail to the petitioner, Alagu Bind, an accused in an excise case involving illicit liquor, by fixing a bond of Rs.10,000 with two sureties.
Petitioner granted bail on Rs.10,000 bond 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.58020 of 2018
Arising Out of PS. Case No.-280 Year-2018 Thana- BARHARA District- Bhojpur
====================================================== Alagu Bind Son of late Rajesh Bind Resident of Village Semariya, P.S. - Barhara, District – Bhojpur ... Petitioner Versus The State of Bihar ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Gopal Krishna, Adv. For the Opposite Party : Mr. Rajeev Nayan, APP 231 ======================================================
CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
Heard the learned counsel for the petitioner and the
learned counsel appearing for the State.
The petitioner is languishing in judicial custody since
12.07.2018 in connection with Excise Case No. 1119 of 2018 arising out of Barhara P.S. Case No. 280 of 2018 for the offence alleged under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, as lodged by the police personnel, is that on secret information that some persons are selling illicit liquor, police reached the place of occurrence and saw two persons trying to flee away with bags, but, while one managed to flee away throwing the bag, the petitioner was apprehended and 15 liters of mahua wine was found in the bag carried by the petitioner. However, on search of the other bag 11 liters of mahua wine was recovered, accordingly, a seizure
Patna High Court Cr.Misc. No.58020 of 2018(2) dt.03-10-2018 2/2
list was prepared.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been made accused only on suspicion. He submits that charge sheet has already been submitted and the petitioner is languishing in judicial custody since nearly three months.
However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Excise Case No. 1119 of 2018 arising out of Barhara P.S. Case No. 280 of 2018 to the satisfaction of the learned Special Judge, Excise, Bhojpur at Ara.
(Nilu Agrawal, J)
Shamshad/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in an excise offence case pending for nearly three months.
Alagu Bind
The State of Bihar
NILU AGRAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
