The Patna High Court granted regular bail to Shiv Kumar, a driver falsely implicated in recovery of illicit liquor, on a bond of Rs. 10,000 with two sureties, noting his lawful custody since October 2019.
Regular bail to be granted on furnishing a bond of Rs. 10,000 with two sureties of the same amount to the Special Judge.
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.1220 of 2020
Arising Out of PS. Case No.-115 Year-2019 Thana- RAUTARA District- Katihar
======================================================
SHIV KUMAR Son of Late Sushil Poddar Resident of Village - Durgastan 1 No. Colony, P.S.- Nagar, Distt.- Katihar. ... ... Petitioner/s Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Bimal Kumar For the Opposite Party/s : Mr.Sanjay Kumar Pandey ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 17-01-2020
Heard the learned counsel for the petitioner and the
learned APP for the State.
The petitioner seeks regular bail in connection with Rautara PS case no. 115 of 2019 instituted for the offence punishable under Section 30(a) r/w 13 of Bihar Prohibition and Excise Act, 2016.
The allegation is regarding recovery of 52.560 liters of illicit English liquor from the dicky of the vehicle in question.
The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case. It is further submitted that though the petitioner is an accused in one other case but he is on bail in the said case. The petitioner is said to be is languishing in custody since 06.10.2019. Lastly, it is submitted that the petitioner is merely the driver of the
Patna High Court CR. MISC. No.1220 of 2020(2) dt.17-01-2020 2/2
car and he has nothing to do with the illicit liquor or the car.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also taking into account the fact that the petitioner is the driver of the car and he is languishing in custody since 06.10.2019, I deem it fit and appropriate to release the abovenamed petitioner on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. II-cum-Special Judge (Excise Act), Katihar in connection with Rautara PS case no. 115 of 2019.
(Mohit Kumar Shah, J)
rinkee/-
U T
2 issues framed by the court
Whether regular bail should be granted to the petitioner, who is a driver accused of facilitating recovery of illicit liquor, for a bail bond of Rs. 10,000 with two sureties.
Whether there is sufficient material to keep the petitioner in custody given he was acting as a driver in the case.
Shiv Kumar
The State of Bihar
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
