This is an oral order granting bail to the petitioner, who was in judicial custody, in a case involving illicit liquor transactions under the Bihar Prohibition and Excise Act, 2016.
Petitioner released on bail 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.2124 of 2019
Arising Out of PS. Case No.-1010 Year-2018 Thana- SAHARSA District- Saharsa
======================================================
Md. Ekramul, son of Md. Israil, resident of village Vill-Mustafanagar (Refugee colony) Ward no.06 PS-Saharsa, Dist.-Saharsa
| The State Of Bihar ================ |
... Versus ... ======================== |
Petitioner Opposite Party ============== |
|---|---|---|
| Appearance : | ||
| For the Petitioner | : Mr. Diwakar Prasad Singh, |
Adv. |
| For the Opposite Party ================ |
: Mr. Ajay Kumar Jha, APP ======================== |
============== |
CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
Heard the learned counsel for the petitioner and the learned counsel appearing for the State.
The petitioner is languishing in judicial custody since 27.10.2018 in connection with Special Case No. 455 of 2018 arising out of Saharsa Sadar P.S. Case No. 1010 of 2018 for the offences alleged under Sections 30(a), 38(1) and 41(1) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, as lodged by the informant, police personnel, is that while on night duty they got secret information that near a Jhonson & Jhonson Tiles Shop some illicit liquor is in transaction. When the police reached the place they found the pick-up van and on seeing the police they tried to flee away, but, one was apprehended, namely, Ramesh Kumar, who disclosed the name of the petitioner. On search in the pick-
Patna High Court Cr.Misc. No.2124 of 2019(2) dt.16-01-2019 2/3
up van 898.92 litters of illicit foreign liquor was recovered. Accordingly, a seizure list was prepared.
It has been submitted by the learned counsel for the petitioner that he is innocent and was not apprehended by the police. He submits that nothing has been recovered from his conscious possession and the confessional statement of a coaccused before the police has no evidentiary value in the eye of law. He submits that charge sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses.
However, the learned Additional Public Prosecutor for the State opposes the prayer for bail stating therein that the petitioner does not bear a clean antecedent and one more case of similar nature is pending against him.
Considering the facts and circumstances and the materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Special Case No. 455 of 2018 arising out of Saharsa Sadar P.S. Case No. 1010 of 2018 to the satisfaction of Sri M.K. Singh, learned Special Judge (Excise)-cum-Additional District Judge, II, Saharsa, subject to the following conditions :
Patna High Court Cr.Misc. No.2124 of 2019(2) dt.16-01-2019 3/3
(i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file
an affidavit stating his relationship with the petitioner.
(ii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bond.
(Nilu Agrawal, J)
Shamshad/-
U
1 issue framed by the court
Whether bail should be granted to the petitioner in connection with offences under Sections 30(a), 38(1) and 41(1) of the Bihar Prohibition and Excise Act, 2016.
Md. Ekramul
NILU AGRAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
