This is an oral order granting regular bail to the petitioner, who was in custody since February 2020, in a prohibited liquor case involving recovery of illicit liquor. The petitioner was released on furnishing a personal bond.
Petitioner released on personal bond; directed to furnish regular bail bond within four weeks post-lockdown.
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.18279 of 2020
Arising Out of PS. Case No.-20 Year-2020 Thana- SASARAM RAIL P.S. District- Gaya
======================================================
CHHOTAN KUMAR @ CHHOTAN S/o Chitbahal Singh Resident of Village- Gangauli, P.S.- Dammian Nagar, District- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Vinod Kumar, Adv. For the Opposite Party/s : Mrs. Anita Kumari Singh, APP Mr.Ramchandra Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 13-05-2020
The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic, requiring social distancing.
Heard Shri Vinod Kumar, the learned counsel appearing for the petitioner and Smt. Anita Kumari Singh, the learned APP appearing for the State.
The petitioner seeks regular bail in connection with Sasaram Rail P.S. Case No. 20 of 2020 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The allegation is regarding recovery of 27 liters of illicit liquor from a bag alleged to be in possession of the
Patna High Court CR. MISC. No.18279 of 2020(2) dt.13-05-2020 2/3
petitioner.
The learned counsel for the petitioner has submitted that the petitioner is innocent, he is having a clean antecedent and has been falsely implicated in the present case. It is also submitted that the petitioner is languishing in custody since 18.02.2020.
Per contra, the learned APP appearing for the State has submitted that the petitioner is named in the FIR and there is specific allegation against him.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also considering the fact that the petitioner is having a clean antecedent and is languishing in custody since 18.02.2020, I deem it fit and proper to direct for release of the petitioner on bail upon him furnishing personal bond to the satisfaction of learned Special Judge (Excise), Gaya in connection with Sasaram Rail P.S. Case No. 20 of 2020.
It is further directed that once the lock-down is over and normal situation is restored, the petitioner, above named, shall furnish bail bonds of a sum of Rs. 10,000/- with two sureties of the like amount each, within a period of four weeks, to the satisfaction of learned Special Judge (Excise), Gaya in
Patna High Court CR. MISC. No.18279 of 2020(2) dt.13-05-2020 3/3
connection with Sasaram Rail P.S. Case No. 20 of 2020, failing which the present privilege of bail being extended to the petitioner shall stand revoked automatically.
The present petition stands allowed.
(Mohit Kumar Shah, J)
Tiwary/-
U T
1 issue framed by the court
Whether the petitioner, accused in a prosecution under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, is entitled to regular bail being a first-time offender?
Chhotan Kumar @ Chhotan
The State of Bihar
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
