The Patna High Court released the petitioner on bail in a liquor-related case where he was included based on a co-accused's statement, considering his nine-month custody and the pandemic lockdown.
Petitioner released on personal bond with Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani.
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.171 of 2020
Arising Out of PS. Case No.-71 Year-2018 Thana- PHULPARAS District- Madhubani
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Baiju Karori, Son of Rohit Karori, Resident of Village - Mahindwara Navtoli, P.S.- Phulparas, Distt.- Madhubani. ... ... Petitioner
Versus
3 12-05-2020
The State Of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar Jha, Advocate For the State : Mr.Uma Nath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER Heard Mr. Sanjay Kumar Jha, learned counsel appearing on behalf of the petitioner and Mr. Uma Nath Mishra, learned Additional Public Prosecutor for the State.
The petitioner is in custody in connection with Phulparas P.S. Case No. 71 of 2018 registered for the offences under Sections 272, 273, 34 IPC and 30(a), (d), 32(2), 36, 38(i) of the Bihar Prohibition and Excise Act, 2016.
Allegation against this petitioner is that he was involved in the trade of liquor. He was made accused in two other cases also.
Learned counsel appearing on behalf of the petitioner would submit that although huge quantity of liquor was seized but the case was registered against unknown. The name of the petitioner surfaced in the instant case on the basis of the confessional statement of co-accused Arun Purvey. The petitioner is neither driver nor owner of the truck. Co-accused
Patna High Court CR. MISC. No.171 of 2020(3) dt.12-05-2020 2/2
Arun Purvey, on whose confessional statement the name of the petitioner surfaced in this case, has been granted bail by a Coordinate Bench of this Court on 5.11.2018 in Cr. Misc. No. 66203/2018. Other co-accused have also been granted bail. The petitioner is in custody since 18.07.2019.
Considering the fact that the petitioner has remained in custody for more than nine months in a case where he was not even named, the Court is inclined to grant bail to the petitioner. Let the petitioner, above named, be released on bail on furnishing his personal bond to the satisfaction of the Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with Phulparas P.S. Case No. 71 of 2018 on account of the circumstances prevailing due to lockdown in the wake of Covid-19 pandemic, if he is otherwise not required in any other case.
(Anil Kumar Upadhyay, J)
spandey/-
U T
Baiju Karori
The State Of Bihar
ANIL KUMAR UPADHYAY
As recorded by the court registry
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