Petitioners challenged their remand in a Bihar Prohibition and Excise Act case regarding the illegal carrying of 1209 litres of liquor. The court granted bail subject to furnishing bonds and appointing local sureties.
Release of petitioners on bail with bonds of Rs. 10,000 each and two sureties of like amount, one being the local.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57913 of 2019
Arising Out of PS. Case No.-114 Year-2019 Thana- GUTHANI District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar Singh For the Opposite Party/s : Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
3 04-12-2019 Heard both sides.
Petitioners seek bail in Guthani P.S. Case No.114 of 2019 registered under Sections 30(a), 38(i) and 41(i) of the Bihar Prohibition and Excise Act.
The petitioners were apprehended while carrying mini truck bearing registration no.BR-50G- 4316 and on search, 1209 litres of different brands of Indian made foreign liquor made in Haryana was recovered.
Learned counsel for the petitioners submits that the petitioners are driver and khalasi of the truck. The owner of the truck asked them to carry and drive the vehicle to its destination but the truck was intercepted. The petitioners are in jail since
Patna High Court CR. MISC. No.57913 of 2019(3) dt.04-12-2019 2/2
22.07.2019 and they have got no criminal antecedent.
Having considered the facts aforesaid, the petitioners named above are directed to be released on bail on furnishing bail bonds of Rs.10,000/-(rupees ten thousand) each with two sureties of like amount each to the satisfaction of learned A.D.J. 2nd Siwan in connection with Guthani P.S. Case No.114 of 2019, subject to the condition that one of the bailors shall be the local having sufficient property in his name.
(Prabhat Kumar Jha, J)
Harish/-
U T
2 issues framed by the court
Whether the petitioners, who were only the driver and khalasi of the truck carrying prohibited liquor, are eligible for bail.
Whether the petitioners satisfy the bail conditions given their lack of criminal antecedents and the circumstances of the interception.
1 provisions across 1 enactments
AJIT SINGH
Rakesh Kumar Paswan
The State of Bihar
PRABHAT KUMAR JHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
