In an excise case under Section 30(a), the Patna High Court granted bail to petitioners charged with illicit liquor possession, directing them to furnish a bond of Rs. 10,000 each with two sureties.
Petitioners enlarged on bail upon furnishing a bond of Rs. 10,000 each 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.1855 of 2019
Arising Out of PS. Case No.-162 Year-2018 Thana- GOVERNMENT OFFICIAL COMP.
District- Bhagalpur
====================================================== 1. Santosh Mandal aged 22 years son of Sri Sudhir Mandal, resident of village-Baishar, P.S. Dhoraiya, District-Banka.
... ... Petitioner/s Versus
The State Of Bihar
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Dr. Manoj Kumar For the Respondent/s : Mr.Smt. Sucheta Yadav ======================================================
CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL
ORAL ORDER
2 15-01-2019
Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State.
Petitioners are languishing in judicial custody since 01.11.2018 in connection with Excise Case No. 162 of 2018 for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2018.
The prosecution case as lodged by the Excise Officials is that during patrolling duty they stopped the Tata
Patna High Court Cr.Misc. No.1855 of 2019(2) dt.15-01-2019 2/3
Safari car. On seeing the Excise Officials, two persons namely Amarjeet Kumar and Kailash Pd. Singh tried to flee away but were apprehended. Behind the Tata Safari car, a Tata Tiago car was coming in which petitioners and other accused persons, on seeing the police tried to flee away but were apprehended. From the Tata Safari car huge quantity of illicit liquor was recovered. However, nothing was recovered from the Tata Tiago car of the petitioners although they were behind the Tata Safari car.
It has been submitted by the learned counsel for the petitioners that they are innocent, bear no criminal antecedent and had no connection with the Tata Safari car. He submits that nothing has been recovered either from the possession of the petitioners or from the car on which they were travelling and have been falsely implicated.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances of the case and materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 2nd Additional District and Sessions
Patna High Court Cr.Misc. No.1855 of 2019(2) dt.15-01-2019 3/3
Judge-cum-Special Judge, Excise, Bhagalpur in connection with Excise Case No. 162 of 2018.
(Nilu Agrawal, J)
devendra/-
U T
1 issue framed by the court
Whether the petitioners ought to be enlarged on bail in an excise case where liquor was recovered from a preceding vehicle.
1 provisions across 1 enactments
Santosh Mandal
Bajrangi Thakur
The State Of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
