The Patna High Court granted regular bail to a driver accused of involvement in possessing foreign liquor. The court found the petitioner had no criminal antecedents and issued a bail bond with sureties subject to pandemic lockdown guidelines.
Petitioner Anil Kumar released on bail with a bond of Rs. 10,000 and 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.26477 of 2020
Arising Out of PS. Case No.-264 Year-2020 Thana- KANTI THARMAL POWER DistrictMuzaffarpur
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ANIL KUMAR S/o Late Sahdeo Prasad Resident of Village-Chakjamal, P.S.Minapur, District-Muzaffarpur.
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Devendra Kumar, Adv. For the Opposite Party/s : Mr. Jai Narayan Thakur, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 12-10-2020 Heard Mr. Devendra Prasad Singh, learned counsel for the petitioner and Mr. Jai Narayan Thakur, Additional Public Prosecutor for the state through video conferencing.
Petitioner seeks regular bail in connection with Kanti PS Case No. 264/2020 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act 2016.
The allegation against the petitioner, as per First Information Report, is that the police on the basis of confidential information proceeded towards the place of occurrence and upon seeing the police party accused persons started fleeing away. However, petitioner was arrested and the police found that one while colour Bolero Pick-up Van bearing registration no. BR05-8987 and one silver colour Wagon-R bearing registration no. BR06-BL-9592 were standing there.
Patna High Court CR. MISC. No.26477 of 2020(2) dt.12-10-2020 2/3
The police upon search recovered 1198.800 litres of foreign liquor from Bolero Pick-up van and 72 litres from Wagon-R. Altogether 1270.800 litres of foreign liquor was recovered. Petitioner disclosed that he is the driver the Bolero Pick-up van.
Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he is not the owner of the said vehicle and being the driver, was not aware about the illicit liquor being kept by its owner. Learned counsel further submits that petitioner has got no criminal antecedent and is in custody since 12.05.2020.
Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner has got no criminal antecedent and is in custody since 12.05.2020, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, ANIL KUMAR be released on bail, if he is not required in any other case, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Kanti PS Case No. 264/2020.
It is made clear that at the time of furnishing bail
Patna High Court CR. MISC. No.26477 of 2020(2) dt.12-10-2020 3/3
bonds, all the parties shall follow the guidelines regarding lockdown and social distancing.
(Anil Kumar Sinha, J)
perwez
U T
1 issue framed by the court
Whether the petitioner, a driver without criminal antecedents, is eligible for regular bail in connection with the offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016.
1 provisions across 1 enactments
Anil Kumar
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
