Single judge order granting bail to the petitioner haunted by allegations of illegal liquor trading involving IPC and Bihar Prohibition and Excise Act offences. Court allowed bail on Rs. 10,000 with sureties.
Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties of like amount as close relatives.
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.11089 of 2019
Arising Out of PS. Case No.-460 Year-2018 Thana- MAIRWAN District- Siwan
======================================================
ABHISEK KUMAR YADAV Son of Birendra Yadav Resident of VillageThepaha, Uttar Tola, P.S.- Giradei, District-Siwan.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Tiwary For the Opposite Party/s : Mr.Arbind Kumar Pandey (App84) ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL ORDER
2 25-02-2019
Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
The petitioner seeks bail in Mairwa P.S. Case No. 460/2018, instituted for offence under Section(s) 272, 273, 308 and 34 of the Indian Penal Code read with Section 30(a), 38(i) and 41(i) of the Bihar Prohibition and Excise Act, 2016.
It is alleged in the written report that police intercepted a WAGON R car and a Bolero Pick-up Van. Two persons were sitting in the WAGON R and one person was sitting in Bolero Pick-up Van. Seeing the police party, accused persons including the petitioner started running away, but on chase they were apprehended. The police recovered 216 litres of illicit liquor from the WAGON R and 1512 litres of illicit liquor from the Bolero Pick-up Van.
Patna High Court CR. MISC. No.11089 of 2019(2) dt.25-02-2019 2/2
Learned counsel for the petitioner has submitted that alleged WAGON R does not belong to petitioner.
Petitioner is in custody since 25.11.2018 having clean antecedent.
Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Addl. Sessions Judge-cum-Special Judge, Excise, Siwan in connection with Mairwa P.S. Case No. 460/2018 , subject to the conditions that both the bailors shall be the close relative of the petitioner.
(Sanjay Priya, J)
rakhi/-
U T
3 issues framed by the court
Whether bail should be granted to the petitioner on the allegations of offences under Sections 272, 273, 308 and 34 of the Indian Penal Code.
Whether the petitioner satisfies the bail conditions considering his clean antecedents.
Whether the seizure of liquor from vehicles not belonging to the petitioner affects the grant of bail.
Abhisek Kumar Yadav
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
