The Patna High Court granted regular bail to the petitioner in a case involving seizure of foreign liquor under Sections 272/273/120(B) IPC and the Bihar Prohibition and Excise Act, 2016, emphasizing lack of conscious possession.
Petitioner released on bail bond of Rs. 10,000/- with two sureties of like amount each.
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.17006 of 2019
Arising Out of PS. Case No.-13 Year-2019 Thana- HATHAURI District- Muzaffarpur
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PANKAJ KUMAR @ PANKAJ RAI Son of Dilip Rai Resident of Village - Motahan Fakirana, P.S.- Minapur, Distt - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Dhirendra Kumar Gupta For the Opposite Party/s : Mr.Humayou Ahmad Khan
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
2 25-03-2019
Heard learned counsel for the petitioner and learned A.P.P. for the State.
This is an application for grant of regular bail filed on behalf of the petitioner. Petitioner is in custody in connection with Hathauri PS Case No. 13 of 2019 for the alleged offence punishable under Sections 272/273/120(B) of the Indian Penal Code and Section 30(A)/38(i)(ii) of the Bihar Prohibition and Excise Act, 2016.
In the instant case, total 1306.800 liters of foreign liquor was seized. Learned counsel representing the petitioner submits that police arrested Ajay Kumar at the spot. The said Ajay Kumar has disclosed the name of the petitioner and six others that on their demand the liquor was allegedly loaded on the truck. Learned counsel further submits that petitioner has no
Patna High Court CR. MISC. No.17006 of 2019(2) dt.25-03-2019 2/2
concern with the seized liquor and nothing was recovered from the conscious possession of the petitioner. He also submits that petitioner is in custody since 21.01.2019 and other co-accused in the instant case have been granted bail by this Court.
Considering the totality of the fact situation, this application is allowed. Accordingly, 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 I/c Special Judge, Excise, Muzaffarpur in connection with Hathauri PS Case No. 13 of 2019.
(Anil Kumar Upadhyay, J)
mrl./-
U T
1 issue framed by the court
Whether grant of regular bail to the petitioner in connection with offences under Sections 272/273/120(B) IPC and Bihar Prohibition and Excise Act is maintainable.
2 provisions across 2 enactments
Pankaj Kumar @ Pankaj Rai
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
