The Patna High Court granted bail to Ramesh Kumar in a prohibition case. The court noted the petitioner was in custody, had no criminal antecedents, and liquor was recovered from a vehicle, not his conscious possession.
Released on bail by furnishing a bond of Rs. 10,000/ with two sureties of like amount, both being close relatives.
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.7801 of 2019
Arising Out of PS. Case No.-448 Year-2018 Thana- PATNA CITY CHOWK District- Patna
======================================================
RAMESH KUMAR @ RAMESH SHARMA son of Kanchan Sharma Resident of Mohalla - Mangal Talab Chik Toli, P.S.- Chowk, Dist- Patna.
... ... Petitioner/s
Versus
THE STATE OF BIHAR. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rudra Deo For the Opposite Party/s : Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
2 11-02-2019 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Chowk P.S. Case No. 448 of 2018 instituted for the offence under Section(s) 30(a) of Bihar Prohibition & Excise Act, 2016.
Learned counsel for petitioner has submitted that the name of this petitioner has been taken by the driver of the vehicle, namely, Awadhesh Kumar.
In the written report, it is alleged that police, on secret information, apprehended one Varna car and recovered foreign liquor from the aforesaid car. The driver of the car, namely, Awadhesh Kumar disclosed before the police that he has supplied those liquors to this petitioner.
In this manner, there is no recovery of liquor from
Patna High Court Cr.Misc. No.7801 of 2019(2) dt.11-02-2019 2/2
conscious possession of this petitioner. His name has been disclosed by driver of the aforesaid vehicle.
Petitioner is in custody since 01.12.2018 having no criminal antecedent..
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 learned Special Judge (Excise Act), Patna in connection with Chowk P.S. Case No. 448 of 2018, subject to the condition that both the bailors shall be the close relative of the petitioner.
(Sanjay Priya, J)
shyambihari/mu kesh-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in connection with an offence under Section 30(a) of Bihar Prohibition & Excise Act, 2016.
1 provisions across 1 enactments
Ramesh Kumar @ Ramesh Sharma
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
