Single Judge of Patna High Court allowed bail to the petitioner in a case concerning country-made liquor recovery, directing deposit in CM Relief Fund and furnishing bond before Special Judge, Excise.
Petitioner released on bail on furnishing bond of Rs. 25,000 and depositing Rs. 15,000 in CM Relief Fund within six weeks.
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.17082 of 2020
Arising Out of PS. Case No.-524 Year-2019 Thana- PAROO District- Muzaffarpur
======================================================
Vijay Kumar @ Vinay Kumar, aged about 23 years, male, S/o Gonaur Sah, Resident of Village-Basantpur- Patti, P.S.-Paroo, District-Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Hari Kishore Thakur, Advocate For the Opposite Party/s : Mr.Md. Nazir Ansari ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
Heard the parties through the virtual court proceeding.
The petitioner apprehends his arrest in connection with Paroo P.S. Case No. 524 of 2019 registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30/30(a) of the Bihar Prohibition and Excise Act, 2018.
Allegation against the petitioner is that 209.7 liters of country made liquor and beer have been recovered from the box in the body of vehicle.
Learned counsel for the petitioner submits that there is
no recovery from the conscious possession of the petitioner rather 209.7 liters of country made liquor and beer have been recovered from the box in the body of vehicle. Learned counsel for the petitioner further submits that the petitioner has got no
Patna High Court CR. MISC. No.17082 of 2020(2) dt.18-08-2020 2/2
criminal antecedent.
Learned A.P.P. for the State opposed the bail petition. Petitioner is agreed to deposit a sum of Rs.15,000/(Rupees Fifteen Thousand) in the CM Relief Fund, bearing Account No.2065104000002257, IFSC Code: IBKL0002065, Bank – IDBI, Branch – Kidwaipuri, Patna.
In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/(twenty five thousand) only with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Paroo P.S. Case No. 524 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.15,000/- (Rupees Fifteen Thousand) in the CM Relief Fund.
(Anjani Kumar Sharan, J)
Nasimul/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner in the pending prosecution under the Prohibition and Excise Act.
3 provisions across 3 enactments
Vijay Kumar @ Vinay Kumar
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
