Single judge order granting bail to the petitioner in an excise case involving possession of country-made liquor. Court accepted fund deposit as a condition for release.
Petitioner released on bail upon furnishing bond of Rs.25,000 with two sureties and deposit of Rs.30,000 in Chief Minister's Relief 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.24201 of 2020
Arising Out of PS. Case No.-441 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad
======================================================
SANTOSH KUMAR YADAV @ SANTOSH YADAV Son of Raju Yadav Resident of Village-Kirpa Bigha, P.S.-Phesar, District-Aurangabad (Bihar), at present residing at Bhuiyaan Toli (Keshav Market), P.S.-Barun, DistrictAurangabad (Bihar).
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs. Leelawati Kumari, Advocate. For the Opposite Party/s : Mr. Ajay Kumar No.2, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
Since the physical court proceeding is non-functional,
due to present pandemic, COVID-19, the matter is listed with defects.
Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of physical court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of
Patna High Court CR. MISC. No.24201 of 2020(2) dt.09-10-2020 2/3
the Bihar Prohibition and Excise Act, 2016.
297 liters of country made liquor is said to have been recovered from the house of the petitioner.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. The house of the petitioner is inhabited by his several family members and he had no knowledge of keeping of the said liquor in the house. He has been falsely implicated in this case due to dirty village politics. Petitioner has no criminal antecedent.
Petitioner is agreed to deposit a sum of Rs.30,000.00 (Rupees Thirty Thousand) in the Chief Minister's Relief Fund, Bihar, bearing Account No.2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.24201 of 2020(2) dt.09-10-2020 3/3
Additional Sessions Judge-VII-cum-Special Judge Excise, Aurangabad in connection with Excise Case No. 441 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.30,000.00 (Rupees Thirty Thousand) in the Chief Minister's Relief Fund.
(Anjani Kumar Sharan, J)
Trivedi/-
U T
2 issues framed by the court
Whether the petitioner is eligible for release on bail in a case where country-made liquor was recovered from his residence but not from his physical possession.
Whether the petitioner's deposit of Rs.30,000 in the Chief Minister's Relief Fund can secure his bail.
2 provisions across 2 enactments
Santosh Kumar Yadav
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
