In an application for bail arising from a prohibition case, the High Court granted bail noting the petitioner did not possess the illicit liquor or own the vehicle, directing him to furnish a bond.
Petitioner directed to be released on bail by furnishing a bond of Rs.10,000 with two sureties.
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.82809 of 2019
Arising Out of PS. Case No.-833 Year-2019 Thana- SAHARSA District- Saharsa
======================================================
GOVIND SINGH @ ABHINAV ANAND Son of Rathindra Bahadur Singh, Resident of Mohalla / Village - Vidyapati Nagar, Ward No. 16, Street of Dr. Sushil Kumar Singh, Saharsa, P.S.- Saharsa, District- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Pawan Kumar For the Opposite Party/s : Mr.Bhanu Pratap Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 13-12-2019 Heard both sides.
Petitioner seeks bail in Saharsa Sadar P.S. Case No.833 of 2019 registered under Sections 30(a), 38(i) and 41(i) of the Bihar Prohibition and Excise Act.
The informant got information that somebody was carrying liquor in a vehicle. The petitioner is alleged to have escorted the vehicle from his motorcycle but seeing the police, the petitioner managed to flee away. The vehicle was intercepted. Md. Aurangzeb was apprehended and he disclosed the name of the petitioner. 143.64 litres of Indian made foreign liquor was recovered from the vehicle.
Learned counsel for the petitioner submits that nothing has been recovered from possession of the petitioner.
Patna High Court CR. MISC. No.82809 of 2019(2) dt.13-12-2019 2/2
The petitioner was moving ahead with his own motorcycle and he was not escorting the vehicle nor he brought the consignment on the vehicle. The petitioner is not the owner of the vehicle. The petitioner is in jail since 17.11.2019.
Having considered the fact that the petitioner is not the owner of the vehicle from which 143.64 litres of Indian made foreign liquor was recovered, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge II-cum-Special Judge, Excise Act, Saharsa in connection with Special (Excise) Case No.443 of 2019 arising out of Saharsa Sadar P.S. Case No.833 of 2019.
(Prabhat Kumar Jha, J)
Harish/-
U T
1 issue framed by the court
Whether the petitioner, who allegedly escorted a vehicle carrying illicit liquor and was named by an apprehended person, deserves bail given he did not recover the liquor from his possession and was n
1 provisions across 1 enactments
GOVIND SINGH @ ABHINAV ANAND
The State of Bihar
PRABHAT KUMAR JHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
