The Patna High Court allowed the bail petition of the petitioner in a prohibited liquor case. The court directed release on a bond of Rs 10,000 with sureties, subject to representation and affidavit conditions.
Petitioner released on bail on furnishing bonds of Rs. 10,000 with two sureties of the like amount.
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 29068 of 2020
Arising Out of PS. Case No.-23 Year-2020 Thana- FULKAHA District- Araria
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ABHIMANYU PASWAN Son of Late Bhikan Paswan @ Bikan Paswan R/o Village- Madhura Paschim Ward No.4, P.S.- Fulkaha, District- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr Ajay Kumar Tiwary, Advocate For the Opposite Party/s : Ms Meena Singh, APP
======================================================
CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL ORDER
2 11-11-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.
Learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.
Heard learned counsel for the petitioner.
Ms Meena Singh, APP is appearing as it is submitted
that the brief has been allotted to her by the Office of Advocate General.
The petitioner seeks bail in Fulkaha Police Station (for brevity, PS ) Case No 23 of 2020 corresponding to Special
Patna High Court CR. MISC. No.29068 of 2020(2) dt.11-11-2020 2/3
Case No 236 of 2020 instituted for the offence punishable under Section 30 (a) of Bihar Prohibition and Excise Act, 2016.
5 liters of illicit country made liquor is said to have been recovered from the petitioner’s house.
It is submitted by the petitioner’s counsel that the petitioner is in custody now since 01.03.2020. He is on bail in connection with the earlier case.
The learned APP for the State has opposed the prayer
for bail.
Considering the rival submissions, prayer for bail is allowed. Let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II -cum- Special Judge, Araria in Fulkaha PS Case No 23 of 2020 subject to the following conditions:-
(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on
Patna High Court CR. MISC. No.29068 of 2020(2) dt.11-11-2020 3/3
each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
Learned counsel for the petitioner is expected to honour his undertaking given in the instant proceedings today for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.
(Madhuresh Prasad, J)
M.E.H. /-
U T
2 issues framed by the court
Whether the petitioner be released on bail in a case involving prohibition offences.
Whether the petitioner is entitled to bail on conditions.
1 provisions across 1 enactments
ABHIMANYU PASWAN
The State of Bihar
MADHURESH PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
