The High Court at Patna, through an oral order, allowed the bail application of a petitioner charged under the Bihar Prohibition and Excise Act for possession of country-made liquor. Bail was granted on furnishing a bond with two sureties.
Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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.23220 of 2020
Arising Out of PS. Case No.-56 Year-2020 Thana- NADI P.S. District- Patna
======================================================
Ranjay Paswan Son of Munsi Paswan @ Munsi Bhagat Resident of VillageFatehpur Kurdgas, P.S.- Raghopur, Distt- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Anil Kumar For the Opposite Party/s : Mr.A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2. 09-09-2020
Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing.
The petitioner seeks bail in Special Case No. 2309 of 2020 (arising out of Nadi P.S. Case No. 56 of 2020), registered for the offence under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.
As per prosecution case, altogether 150 liters of country-made liquor are said to have been recovered from a Tempo, bearing Reg. No. BR01PC-4074, and driver (petitioner) of the tempo was arrested on the spot.
It is submitted on behalf of petitioner that petitioner is innocent and he has falsely been implicated in this case mere on suspicion. It is further submitted that nothing has been recovered from the conscious possession of the petitioner. In
Patna High Court CR. MISC. No.23220 of 2020(2) dt.09-09-2020 2/2
this case, Section 100 Cr.P.C. has not been followed with respect to search and seizure. The petitioner is in custody since 06-03-2020, having no criminal antecedent.
Considering the aforesaid facts and circumstances, the bail application is allowed.
Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Special Case No. 2309 of 2020, corresponding to Nadi P.S. Case No. 56 of 2020, on the following conditions:
“(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.”
(Prabhat Kumar Singh, J.)
anay
U T
1 issue framed by the court
Whether the petitioner is eligible for bail in a case concerning seizure of country-made liquor under Bihar Prohibition Act.
1 provisions across 1 enactments
Ranjay Paswan
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
