The Patna High Court granted bail to the petitioner, Dinesh Paswan, in a special case arising from an excise case involving recovery of country-made and foreign liquor, subject to conditions.
Petitioner released on bail with bond of Rs. 10,000 and two close relative 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.487 of 2019
Arising Out of PS. Case No.-193 Year-2018 Thana- SACHIVALAYA District- Patna
======================================================
Dinesh Paswan Son of Suresh Paswan Resident of Mohalla-Railway Crossing, Near B. Block, Behind P.N.T. Jhoparpatti, P.S. Sachivalaya and Distt.-Patna
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Manish Kumar No-2 For the Opposite Party/s : Mr.Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
4 08-03-2019
Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in Special Case No. 11483/2018, arising out of Sachivalaya P.S. Case No. 193/2018, instituted for offence under Section(s) 30(a) and 37(b) of the Bihar Prohibition and Excise Act, 2016.
It is alleged in the written report that 3.2 litres of country made liquor has been recovered from possession of this petitioner. It is further alleged that on disclosure of this petitioner 33.24 litres of foreign liquor has been recovered from a lane behind the hut hidden inside the ground.
Petitioner is in custody since 03.12.2018.
Considering the aforesaid facts and circumstances,
Patna High Court CR. MISC. No.487 of 2019(4) dt.08-03-2019 2/2
prayer of the petitioner for grant of bail is allowed. 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 court of learned Special Judge, Excise Act, Patna, in connection with Special Case No. 11483/2018, arising out of Sachivalaya P.S. Case No. 193/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.
It appears from para 3 of bail petition that petitioner is accused in another case of Excise Act.
The petitioner will file affidavit at the time of filing bail bond that he would not indulge in such type of activity in future. In the event, he is found indulged in such type of activity, his bail bond in the instant case will liable to be cancelled.
(Sanjay Priya, J)
rakhi/-
U T
1 issue framed by the court
Whether the petitioner is eligible for bail in a case under the Bihar Prohibition and Excise Act, 2016 involving possession and recovery of liquor.
1 provisions across 1 enactments
Dinesh Paswan
The State Of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
