Petitioner challenged trial court custody seeking pre-trial bail in a liquor prohibition case. Bench observed no items recovered from petitioner despite recovery in public place and allowed bail on bonds with conditions.
Petitioner released on bail with bond of Rs. 10,000 and two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24163 of 2020
Arising Out of PS. Case No.-25 Year-2020 Thana- SUPPI District- Sitamarhi
======================================================
Madhav Kumar Son of Akhilesh Choudhary Resident of Village - Budhnagra, Ward No. 01, P.S. - Nanpur, District- Sitamarhi.
... ... Petitioner/s
Versus
2. 21-09-2020
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Birendra Kumar For the Opposite Party/s : Mr.A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
... ... Opposite Party/s
Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing.
The petitioner seeks bail in Suppi P.S. Case No. 25 of 2020, registered for the offence under Sections 414, 272 & 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.
As per prosecution case, 135 liters of Nepali Saufi wine is said to have been recovered from the motorcycle of coaccused Chandan Kumar and 171 liters of Nepali Saufi wine is said to have been recovered from a bamboo clumps, from where, it is alleged that petitioner and two other persons were arrested.
It is submitted on behalf of petitioner that petitioner is innocent and has committed no offence and has falsely been implicated in this case. Nothing has been recovered from conscious possession of the petitioner. It is further submitted
Patna High Court CR. MISC. No.24163 of 2020(2) dt.21-09-2020 2/2
that recovery of 171 liters of Nepali Saufi wine has been made from a bamboo clumps, which is a public place, and petitioner has got no connection with the seized liquor. In this case, Section 100 Cr.P.C. has not been followed with respect to search and seizure. Petitioner is in custody since 04-02-2020.
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 Additional District & Sessions Judge II cum Special Judge, Excise Act, Sitamarhi in connection with Suppi P.S. Case No. 25 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
2 issues framed by the court
Whether the petitioner is entitled to bail in a case involving accused holding liquor illegally.
Whether baillability is affected by prosecution recovery from a public place when no items were recovered from the petitioner.
3 provisions across 3 enactments
Madhav Kumar Son of Akhilesh Choudhary
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
