The Patna High Court granted regular bail to the petitioner in connection with an excise offence involving the seizure of spirit. Bail was allowed on stringent conditions requiring specific types of sureties.
Petitioner released on bail furnishing a bond of Rs. 10,000 with two sureties, one being an elected representative and the other being parents.
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.3899 of 2019
Arising Out of PS. Case No.-238 Year-2018 Thana- JALALPUR District- Saran
======================================================
Sushil Kumar Singh Son of Late Ram Pravesh Singh Resident of VillageSenari, P.S-Mashrakh, District-Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Rajesh Kumar For the Opposite Party/s : Mr.Bal Mukund Prasad Sinha ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
2 25-01-2019
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
This is an application for grant of regular bail filed on behalf of the petitioner. Petitioner is in custody in connection with Jalalpur PS Case No. 238 of 2018 for the alleged offence punishable under Sections 272, 273, 420, 467, 468, 471 and 188/34 of the Indian Penal Code and Sections 30 and 30(a),41 of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner submits that petitioner is in custody since 21.12.2018 in connection with seizure of total 5400 liters of spirit which was seized from the pick up van. He submits that petitioner has no concern with the business of spirit.
Considering the fact that petitioner is in custody since
Patna High Court Cr.Misc. No.3899 of 2019(2) dt.25-01-2019 2/2
21.12.2018 and also the fact that in the past also petitioner was made accused in a criminal case, this court is inclined to grant him bail on stringent conditions as mentioned below.
Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Addl. District Judge VI, Saran at Chapra in connection with Jalalpur PS Case No. 238 of 2018 subject to the conditions that one of the bailors should be the elected representative of the local body and the other should be parents.
(Anil Kumar Upadhyay, J)
mrl./-
U T
1 issue framed by the court
Whether the petitioner is eligible for regular bail in the present case.
Sushil 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
