This is an oral order granting bail to the petitioner, who was in judicial custody accused of offences under the Bihar Prohibition and Excise Act, alleging innocence and lack of criminal history.
Petitioner released on bail on furnishing bond of Rs. 10,000 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.3487 of 2019
Arising Out of PS. Case No.-724 Year-2018 Thana- BARACHATTI District- Gaya
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Bablu Kumar, aged about 22 years, son of Sri Balindra Paswan, R/o VillageRamdana, P.S.- Atri, District- Gaya ... Petitioner
Versus
The State of Bihar ... Opposite Party
====================================================== Appearance :
For the Petitioner : Mr. Indra Mohan Kumar, Adv. For the Opposite Party : Mr. Indu Kumari Srivastava, APP
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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
15.11.2018 in connection with Barachatti P.S. Case No. 724 of 2018 for the offences alleged under Sections 30(a), 38 and 47 of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, as lodged by the police personnel, is that during vehicle checking they intercepted a tempo, which had no number on the registration plate. The petitioner, who was the driver, was apprehended along with another co-accused, Rakesh Sao and one of the co-accused, Amit Kumar, managed to flee. From the tempo 46.875 liters of Indian made foreign liquor was recovered.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has
Patna High Court Cr.Misc. No.3487 of 2019(2) dt.25-01-2019 2/2
been falsely implicated in the aforesaid case. He, further, submits that he was just a driver of the vehicle did not know what the passenger had brought with the luggage. The petitioner, further, undertakes not to induce witnesses or tamper with the prosecution evidence.
However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.
Considering the facts and circumstances, the nature of allegations and that the petitioner has a clean antecedent, 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 Barachatti P.S. Case No. 724 of 2018 to the satisfaction of the learned Special Judge, Excise, Gaya, subject to the condition that 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.
(Nilu Agrawal, J)
Shamshad/-
1 issue framed by the court
Whether the petitioner, a driver falsely implicated in smuggling liquor, ought to be released on bail.
1 provisions across 1 enactments
Bablu Kumar
The State of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
