Allahabad. The High Court granted bail to the petitioner, who was imprisoned, in connection with an offence under the Bihar Prohibition and Excise Act, 2016, requiring sureties and a bond.
Petitioner to be released on bail by furnishing a bond of Rs. 20,000/- with two sureties of the like amount each and depositing Rs. 3,000/- in the PM Cares fund.
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.18461 of 2020
Arising Out of PS. Case No.-519 Year-2018 Thana- DHAKA District- East Champaran
======================================================
Ram Vinay Mishra, Male, aged about 55 years, Son of Late Gauri Shankar Mishra, Resident of Village-Partapur, P.S.-Chiraiya, District-East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Dhurendra Kumar, Advocate For the Opposite Party/s : Mr.Rajendra Prasad Nat ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 13-05-2020
This case has been posted before me for hearing through video-conferencing, under the orders of Hon’ble the Chief Justice, in view of Nation passing through lockdown as an aftermath of the outbreak of COVID-19 pandemic.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Dhaka P.S. Case No.519 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner rather 45 litres Nepali liquor kept in a sack on a motorcycle has been recovered. Learned counsel for the petitioner further
Patna High Court CR. MISC. No.18461 of 2020(2) dt.13-05-2020 2/3
submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner further submits that the petitioner is in jail custody since 06.01.2020.
Learned A.P.P. for the State opposed the bail petition. Petitioner is agreed to deposit a sum of Rs. 3,000/(Rupees Three thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.
Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) only with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, East Champaran, Motihari in connection with Dhaka P.S. Case No.519 of 2018.
The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.3,000/- (Rupees Three Thousand) in the PM Cares fund.
Since there is a lockdown, the Court has considered it appropriate to adopt the following procedures for communication of the present order:-
(i) The order, which has been dictated during the
Patna High Court CR. MISC. No.18461 of 2020(2) dt.13-05-2020 3/3
course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary.
(ii) The corrected copy of the order shall be signed by me digitally and transmitted through my e-mail I.D. to Secretary for needful, which shall be treated to be authentic copy of the order passed by this Court today in the present proceeding.
(iii) Hard copy of the order signed by me, shall be preserved in my residential office for documentation and for future use, if any.
(Anjani Kumar Sharan, J)
Nasimul/-
U T
1 issue framed by the court
Whether the petitioner satisfies the court in accordance with law to be released on bail in connection with the offence under Section 30(a) of the Bihar Prohibition and Excise Act
1 provisions across 1 enactments
Ram Vinay Mishra
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
