The Patna High Court granted bail to the petitioner, a truck driver accused of possessing illicit liquor, who sought release after being arrested during a police patrol. The plea was allowed upon furnishing a bail bond with sureties.
Petitioner released on bail upon furnishing a 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.11685 of 2019
Arising Out of PS. Case No.-01 Year-2019 Thana- SAHAJITPUR District- Saran
======================================================
PAWAN KUMAR MAHTO Son of Rampadarath Mahto Resident of Village -
Gohada Rupauli, P.S.-Musari Dharari, Dist.-Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Dewendra Narayan Singh For the Opposite Party/s : Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER
Petitioner who is in custody seeks bail in a case registered for the offence punishable under Section 30 and 30(a) of the Bihar Prohibition and Excise Act, 2016.
Informant who is a police officer in his written complaint has alleged that while he along with other police personnel was on patrolling duty, they saw a Truck parked on the brick soling road and after seeing the police party persons standing beside the Truck started fleeing away but petitioner and one other co-accused Arjun Rai were apprehended at the spot
Patna High Court CR. MISC. No.11685 of 2019(2) dt.05-04-2019 2/3
and 8800 litre of country made wine was recovered from the said Truck.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner is driver of the Truck. It has been submitted on behalf of the petitioner that he was not aware that illicit liquor was kept in the Truck. Petitioner has got no criminal antecedent and is in custody since 02.01.2019.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Sahajitpur P.S. Case No. 01 of 2019 , with following conditions:-
(1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the
Patna High Court CR. MISC. No.11685 of 2019(2) dt.05-04-2019 3/3
petitioner.
(4). If the petitioner is found involved in
similar nature of offence, after his release on bail, the trial court shall take steps to cancel his bail bond.
(S. Kumar, J)
ranjan/-
U
1 issue framed by the court
Whether a bail application filed by a petitioner accused of possession of illicit liquor under the Bihar Prohibition and Excise Act should be granted.
Pawan Kumar Mahto
State of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
