The Patna High Court granted regular bail to the petitioner in a liquor smuggling case involving recovery of alcohol from a motorcycle, directing him to furnish a bond with sureties.
The petitioner is directed to be enlarged on regular bail on furnishing a bond of Rs. 10,000 with two sureties of the 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.4907 of 2019
Arising Out of PS. Case No.-114 Year-2018 Thana- DEODHA District- Madhubani
======================================================
Jaynarayan Yadav Son of Ram Prakash Yadav Resident of Village - Akauntha, P.S.- Deodha, Dist-Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ratanakar Jha For the Opposite Party/s : Mr.Awadhesh Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 29-01-2019
Heard the learned counsel for the petitioner and the learned counsel for the State.
The petitioner seeks regular bail in connection with Dewadha PS case no. 114 of 2018 registered for the offence punishable under Sections 272, 273, 414 of Indian Penal Code and 30(a) of Bihar Prohibition and Excise Act, 2016.
The allegation is regarding recovery of 9 liters of illicit liquor from the dicky of the motorcycle of the petitioner.
The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. It is further submitted that barring one case, the petitioner is having fair antecedent and in the said case, the petitioner is on bail. Lastly, it is submitted that the petitioner is languishing in custody since 27.09.2018.
Patna High Court Cr.Misc. No.4907 of 2019(2) dt.29-01-2019 2/2
Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.
Accordingly, the abovenamed petitioner is directed to be enlarged on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judicial Magistrate, Madhubani in connection with Dewadha PS case no. 114 of 2018.
(Mohit Kumar Shah, J)
rinkee/-
U T
1 issue framed by the court
Whether the petitioner is eligible to be enlarged on regular bail in a case involving illicit liquor.
2 provisions across 2 enactments
Jaynarayan Yadav
The State of Bihar
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
