In an bail application under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, the High Court granted regular bail to the petitioner who was accused of transporting illicit liquor in a vehicle not owned by him.
Regular bail granted upon furnishing bail bonds of Rs. 10,000 with two sureties of like amount each.
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.19385 of 2020
Arising Out of PS. Case No.-184 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Kaimur (Bhabua)
======================================================
ABHISHEK KUMAR @ PAPPU Son of Om Shankar Prasad Resident of Village-Gopali Chowk Ara, Ward No.8, Police Station-Ara Town, DistrictBhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Satyabir Bharti For the Opposite Party/s : Mr. A. L. Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
3 29-06-2020 Learned Counsel for the petitioner is directed to remove all the defects, as pointed out by the Stamp Reporter, within a period of eight weeks from today.
Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.
The petitioner seeks regular bail in connection with Excise Case No. 184 of 2020, registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
The allegation against the petitioner, as per the prosecution report submitted by the excise officials, is that on
Patna High Court CR. MISC. No.19385 of 2020(3) dt.29-06-2020 2/3
secret information, a search operation was conducted and during search, the petitioner, along with other co-accused persons, have been arrested from a Verna car, and 152 litres of illicit liquor has been recovered from the vehicle in question.
Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged inasmuch as referring to paragraph 8 of this application, he submits that the petitioner is not the owner of the vehicle in question. He further submits that the petitioner had taken lift in the car in order to reach his destination. He also submits that the petitioner has got no criminal antecedent and no illicit liquor has been recovered from his possession or the vehicle belonging to him. He also submits that similarly situated co-accused, Robin, has been granted bail by this Court in Criminal Misc. No. 19279 of 2020.
After having heard learned Counsel for the parties and taking into consideration the facts that the petitioner has got no criminal antecedent, he is not the owner of the car and similarly situated co-accused person has been granted bail by this Court, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten
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thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge -cumSpecial Judge, Excise, Kaimur, at Bhabhua, in connection with Excise Case No. 184 of 2020.
(Anil Kumar Sinha, J.
Prabhakar Anand/-
U √ T √
1 issue framed by the court
Whether regular bail in an excise case where the petitioner is not the vehicle owner and has no criminal antecedents should be granted.
1 provisions across 1 enactments
Abhishek Kumar @ Pappu
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
