The petitioner, accused of smuggling liquor under IPC and Bihar Prohibition and Excise Act, sought bail. The court granted bail conditioned upon a cash deposit, reasoning the petitioner was not apprehended at the time of seizure.
Bail granted on deposit of Rs. 25,000 in cash and furnishing bonds with two sureties.
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. 23427 of 2020
Arising Out of PS. Case No.29 Year-2020 Thana- Ziradei District-Siwan
======================================================
Vishal Sharma, aged about 22 years old Male Son of Rajdev Sharma Resident of Village- Thepha Uttar Tola, P.S.- Ziradei District Siwan
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Prabhakar Singh, Advocate For the Opposite Party : Mr. Mukteshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
... ... Opposite Party
2 17-09-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
The petitioner is in custody in connection with Ziradei P.S. Case No. 29 of 2020 for the offences under Sections 272 and 273 of the Indian Penal Code and Section 30(A) of the Bihar Prohibition and Excise Act, 2016.
Learned counsel appearing on behalf of the petitioner submits that in the present case there is recovery of total 42.600 litres of liquor. Learned counsel submits that the petitioner is in custody since 13.05.2020 and he has been made accused due to village politics
Considering the fact that the petitioner was not apprehended at the time of seizure of liquor, the Court is inclined to grant bail to him subject to the condition that the petitioner has to deposit Rs. 25,000/- in cash. On depositing the amount of Rs.25,000/-, the petitioner, named above, is directed
to be released on bail on furnishing bail bonds of Rs.25,000/(Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge –cum-Special Judge, Siwan in connection with Ziradei P.S. Case
No. 29 of 2020.
Deposit of Rs.25,000/- (Rupees twenty five thousand) shall abide by final outcome of the instant criminal case.
(Anil Kumar Upadhyay, J)
BT/-
U T
3 issues framed by the court
Whether bail should be granted to the petitioner accused of offences under Sections 272 and 273 of the IPC and Section 30(A) of the Bihar Prohibition and Excise Act.
What conditions, if any, should be imposed on the grant of bail.
Whether the possession of 42.600 litres of liquor justifies continued detention in custody.
3 provisions across 2 enactments
Vishal Sharma
The State of Bihar
ANIL KUMAR UPADHYAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
