The High Court at Patna, allowing bail, directed the release of the petitioner in a case involving recovery of country-made liquor. Bail conditions included sureties and cooperation in the trial.
Released on bail of Rs. 10,000/- with two sureties of the like amount each subject to specific conditions regarding bailors and conduct during trial.
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.7243 of 2019
Arising Out of PS. Case No.-329 Year-2018 Thana- PUNPUN District- Patna
======================================================
Suman Kumar Son of Hareshwar Yadav Resident of Village - Sukhthiya, P.S. - Masaurhi, District- Patna.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Naresh Chandra Verma For the Opposite Party/s : Ms.Renu Kumari ======================================================
CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER
3 18-02-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Punpun P.S. Case No.329 of
2018 (Special Case No.11436 of 2018) registered for the offence punishable under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act, 2016.
Allegation is recovery of 53 litres country-made liquor from a motorcycle which was being driven by the petitioner without valid paper.
It has been submitted on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case. It has further been submitted that nothing was recovered from the conscious possession of the petitioner rather it was recovered from the road as someone left the motorcycle and fled
Patna High Court Cr.Misc. No.7243 of 2019(3) dt.18-02-2019 2/3
away and the petitioner has been roped in this case. Petitioner has no criminal antecedent and he is in custody since 02.12.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna in connection with Punpun P.S. Case No.329 of 2018 (Special Case No.11436 of 2018), with following conditions:-
(1)Bailors should be local having
sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(4) If the petitioner is found involved in similar nature of offences, after his release on bail
Patna High Court Cr.Misc. No.7243 of 2019(3) dt.18-02-2019 3/3
the trial court shall take steps to cancel his bail
bond.
(S. Kumar, J)
Sanjay/-
U
1 issue framed by the court
Whether the petitioner should be released on bail in a case involving recovery of country-made liquor punishable under Section 414 of the Indian Penal Code.
2 provisions across 2 enactments
Suman Kumar Son of Hareshwar Yadav
The State Of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
