The Patna High Court granted bail to the petitioner in a case concerning the sale of illicit liquor. The court directed the petitioner to furnish a bond and ensure representation on all future dates.
Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties of 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.76109 of 2019
Arising Out of PS. Case No.-299 Year-2018 Thana- BASOPATTI District- Madhubani
======================================================
SHYAM SUNDAR SINGH @ MUKHIYA S/O Late Subedar singh R/O Village- Mehatar Patti, P.S.- Basopatti, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ratanakar Jha For the Opposite Party/s : Ms.Indu Kumari Srivastava ======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
4 17-12-2019
Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in Basopatti P. S. Case No. 299 of 2018 , corresponding to G.R. No. 2043 of 2018, instituted for the offence under Section(s) 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
It is submitted by the petitioner’s counsel that on account of recovery of 100 and 26 liters illicit liquor from a hay stake in the open field, the petitioner is in custody since 18.06.2019.
Submission is of false implication and that no recovery whatsoever was made from the petitioner. The seizure is also submitted be in violation of the procedure prescribed and that the petitioner has no criminal antecedents.
Patna High Court CR. MISC. No.76109 of 2019(4) dt.17-12-2019 2/2
The learned APP for the State opposed the prayer for bail. Considering the aforesaid, 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 the 2nd Addl. Sessions Judge-cumSpecial Judge, Excise Act, Madhubani, in connection with Basopatti P. S. Case No. 299 of 2018 , corresponding to G.R. No. 2043 of 2018 , subject to the following conditions:-
(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J)
shyambihari/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in an offence for sale of intoxicating liquor with antecedents being absent.
2 provisions across 2 enactments
Shyam Sundar Singh @ Mukhiya
The State of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
