The Patna High Court granted bail to the petitioner in an excise case under the Bihar Prohibition and Excise Act, 2016, wherein foreign liquor was recovered from a vehicle he was merely a passenger in.
Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties of like amount, to be 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.8808 of 2019
Arising Out of PS. Case No.-461 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya
======================================================
SURAJ RAUT S/o -Ram Prakash Raut Resident of Village- Samir Takiya, Durga Asthan, P.S.- Rampur, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Deepak Kumar For the Opposite Party/s : Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
2 14-02-2019 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in Excise Case No. 461/18 instituted for the offence under Section(s) 30(a) and 56(a) of the Bihar Prohibition and Excise Act, 2016.
It is alleged that total 270 litres of foreign liquor has been recovered from Sumo victa vehicle.
It is mentioned in the impugned order that one Akash Kumar was driver of the said vehicle.
Learned counsel for petitioner submits that petitioner is neither owner nor driver of the alleged vehicle. He was just sitting as passenger on the aforesaid vehicle.
The petitioner is in custody since 16.12.2018 having
Patna High Court Cr.Misc. No.8808 of 2019(2) dt.14-02-2019 2/2
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 Spl Judge (Excise) Gaya, in connection with Excise Case No. 461/18 subject to the condition that both the bailors shall be the close relative of the petitioner.
(Sanjay Priya, J)
shyambihari/-
U T
1 issue framed by the court
Whether the petitioner, a passenger in the vehicle from which foreign liquor was recovered and accused of offences under the Bihar Prohibition and Excise Act, 2016, is entitled to release on bail.
Suraj Raut
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
