In a bail application regarding excise violations involving illicit liquor recovery, the Patna High Court ordered the petitioner's release after accepting an undertaking to rectify procedural defects regarding charge sheet copies.
Petitioner released on bail on Rs. 10,000 with two sureties, one of whom must be a close relative.
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.25782 of 2020
Arising Out of PS. Case No.-41 Year-2020 Thana- KALYANPUR District- East Champaran
======================================================
Vikash Rai, Son of Ganesh Rai, Resident of Village- Siswa Bajar, P.S.Kalyanpur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Dashrath Mehta, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
2 14-10-2020
In view of the submission and undertaking of the learned counsel for the petitioners, at the time of hearing of this application through Video Conferencing, that he would remove the defect(s), as pointed out by the stamp reporter, within two weeks of starting of the Court proceeding in physical mode, he is permitted to remove the same accordingly.
Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing.
The petitioner is accused in connection with Kalyanpur P.S. Case No. 41 of 2020, registered under Sections 272 and 273/34 of the Indian Penal Code and Sections 30(a) and 41(1) of the Bihar Excise Act.
The accusation is that on receiving secret
Patna High Court CR. MISC. No.25782 of 2020(2) dt.14-10-2020 2/2
information about keeping the illicit liquor in the mustered field at village Siswa Bajar behind the house of Rakesh Pal by Vikash Raj (petitioner), the informant along with other police personnel reached there and dig out the soil and recovered two drums each containing 200 litres sprite.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case, because he is accused in similar nature of Kalyanpur P.S. Case No. 40 of 2020, but in that case, he is on bail and in the present case, petitioner is in custody since 18.06.2020.
Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 7th Additional Sessions Judge-cum-Special Judge Excise, Motihari, East Champaran, in connection with Kalyanpur P.S. Case No. 41 of 2020. Out of two sureties, one surety must be the close relative of the petitioner.
(Rajendra Kumar Mishra, J)
Bhardwaj/-
U T
1 issue framed by the court
Whether the petitioner accused of excise offences and in custody should be released on bail.
2 provisions across 2 enactments
Vikash Rai
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
