The High Court granted bail to the petitioner arrested under Bihar Prohibition and Excise Act for liquor carrying. He was held mistakenly as the car driver and arrested for over three months against 276 liters of seized liquor.
Petitioner to be enlarged on bail by furnishing a bail bond of Rs.10,000/- with two sureties of similar 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.71969 of 2018
Arising Out of PS. Case No.-261 Year-2018 Thana- MANJHAGARH District- Gopalganj
======================================================
Vijay Pandey, Son of Yogendra Narayan Pandey, Resident of VillageRajendranagar Paschimi Gorakhnath Gorakhpur Police Station- Gorakhpur District- Gorakhpur (Uttar Pradesh).
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Kumar Singh For the Opposite Party/s : Mr. Sri Bharat Bhushan ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 10-12-2018 Heard both sides.
Petitioner seeks bail in Manjhagarh P.S. Case No.261 of 2018 registered under Sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.
The informant got information about carrying of liquor in a car and when the police officials tried to intercept the vehicle, the person who was on motorcycle managed to flee away. The driver of the car also tried to flee away but he was arrested on chase. 276 liters of liquor was recovered from the car.
Learned counsel for the petitioner submits that the petitioner has got no concern with the seized car and the liquor. Petitioner was arrested on wrong notion that he was driver of
Patna High Court Cr.Misc. No.71969 of 2018(2) dt.10-12-2018 2/2
the car. Petitioner is in jail since 02.09.2018 and petitioner has got no criminal antecedent.
Considering the facts aforesaid and nature of allegation made against the petitioner and the fact that the petitioner is in jail for more than three months, petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions JudgeII-cum-Special Judge Excise, Gopalganj in connection with Manjhagarh P.S. Case No.261 of 2018.
(Prabhat Kumar Jha, J)
S.KUMAR/-
U T
2 issues framed by the court
Whether the petitioner should be enlarged on bail in the prosecution case regarding liquor seizure.
Whether bail can be granted on the ground of lack of concern with the seized vehicle and liquor.
1 provisions across 1 enactments
Vijay Pandey
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
