This oral order dismissed the bail application of a jeep driver accused of transporting illicit Nepali liquor. The court refused bail due to the recovery of 1008 litres of liquor and permitted a fresh prayer after six months.
Bail prayer rejected; liberty to renew after six months in custody.
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.3553 of 2019
Arising Out of PS. Case No.-471 Year-2018 Thana- DHAKA District- East Champaran
======================================================
Rajan Choudhary s/o Mahesh Chaudhari r/Village – Meshoura, P.S. - Kundwa Chainpur, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Vijay Shankar Shrivastava For the Opposite Party/s : Mr.Humayou Ahmad Khan ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
2 04-02-2019 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
The petitioner seeks bail in Dhaka P.S. Case No. 471/2018, instituted for offence under Section(s) 414 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
It is alleged in the written report that on getting secret information that a Mahindra Jeep loaded with Nepali liquor was coming from Kundwachainpur to Jhauram, police party reached at the place of occurrence and started vehicle checking. After sometime aforesaid vehicle came from Kundwachainpur, which was surrounded by the constable. The driver disclosed his name as petitioner. On search police recovered total 1008 litres of illicit Nepali liquor from the aforesaid vehicle.
Patna High Court Cr.Misc. No.3553 of 2019(2) dt.04-02-2019 2/2
Keeping in view the recovery of huge quantity of illicit Nepali liquor from the Mahindra Jeep, of which petitioner was driver, this Court is not inclined to grant bail to petitioner at this stage. Accordingly, prayer for bail of petitioner is rejected.
Petitioner will be at liberty to renew the prayer for bail after completion of six months in custody.
(Sanjay Priya, J)
rakhi/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner charged with manufacture/possession of illicit liquor involved in a PS case with recovery of huge quantity.
2 provisions across 2 enactments
Rajan Choudhary
The State of Bihar
SANJAY PRIYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
