Petitioner sought bail in an excise case involving recovery of illicit liquor. The court issued bail bonds conditional upon local residence, cooperation, and non-tampering with evidence and witnesses.
Petitioner released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions including local residence and cooperation in trial.
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.1875 of 2019
Arising Out of PS. Case No.-233 Year-2018 Thana- MOHAMMADPUR District- Gopalganj
======================================================
Ajay Rai (Male), aged about 38 years, son of Taplal Rai Resident of villageDomchho, Police Station- Lakari Nabiganj, District- Siwan.
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ansul For the Opposite Party/s : Ms. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
4 15-02-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Mahmadpur P.S. Case No. 233 of 2018 registered for the offence punishable under Sections 30(a), 38, 41 of the Bihar Prohibition & Excise Act, 2016.
Allegation is recovery of 90 litres illicit liquor from a Scorpio Vehicle which was being boarded by the accused persons including the petitioner.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner is in custody since 20.12.2018.
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 A.D.J.-II-cum-Special
Patna High Court Cr.Misc. No.1875 of 2019(4) dt.15-02-2019 2/2
Judge, Excise, Gopalganj in connection with Mahmadpur P.S.
Case No. 233 of 2018 , 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 petitioner.
(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.
(S. Kumar, J)
Sanjay/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in the proceedings for violation of Bihar Prohibition & Excise Act.
3 provisions across 1 enactments
Ajay Rai
The State of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
