The High Court of Patna, in an oral order, granted bail to a petitioner with no criminal antecedents involved in a Bihar Prohibition and Excise Act case, ordering release upon furnishing a bail bond and two sureties.
The petitioner is released on bail on furnishing a bond of Rs. 10,000 with two sureties of the 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.20292 of 2019
Arising Out of PS. Case No.-38 Year-2019 Thana- GOVERNMENT OFFICIAL COMP.
District- Jamui *
======================================================
SONU KUMAR SINGH Son of Sunil Singh Resident of Village - Gangra, P.S.- Gidhour, District - Jamui.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Amrendra Kumar For the Opposite Party/s : Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
2 02-04-2019
Heard learned counsel for the petitioner and counsel appearing on behalf of the State.
The petitioner is in custody in connection with Excise P.S. Case No. 38c2 of 2019 for the offence under Sections 30 (a) of Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. He further submits that in the instant case total 162 liters liquor was seized from the Scorpio. Learned counsel for the petitioner submits that the name of the petitioner disclosed by the driver of the Scorpio. He further submits that except the fact that petitioner is the owner of the said Scorpio there is no other material against this petitioner in connection with alleged recovery. Learned counsel
Patna High Court CR. MISC. No.20292 of 2019(2) dt.02-04-2019 2/2
for the petitioner submits that petitioner is in custody since 28.02.2019.
Considering the fact that the petitioner has no criminal antecedent the Court is inclined to grant bail to the petitioner. Let, the petitioner named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-2nd Cum Special Judge, Excise, Jamui in connection with Excise Case No. 38c2 of 2019.
(Anil Kumar Upadhyay, J)
T.Kr./-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner who has no criminal antecedents in an excise case involving liquor recovery?
. Whether the fact that the petitioner was merely the owner of the vehicle in which liquor was seized warrants release on bail?
SONU KUMAR SINGH
The State of Bihar
ANIL KUMAR UPADHYAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
