The High Court of Patna enlarged the petitioner on bail in a case related to country liquor. The court considered the period spent in custody and the conclusion of the investigation as factors favoring discharge.
The petitioner was directed to be enlarged on bail by furnishing a bail bond 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.32847 of 2020
Arising Out of PS. Case No.-154 Year-2020 Thana- PUNPUN District- Patna
======================================================
Ranjit Kumar Son of Mahesh Prasad Yadav @ Mahesh Prasad Singh Resident of Village- Teliyanpar, P.S.- Punpun, Dist- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Kumar Gautam, Adv. For the Opposite Party/s : Dr. Rabindra Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
2 08-12-2020
Heard learned counsel for the petitioner and learned APP for the State through video conferencing.
The instant application for regular bail has been filed by the petitioner in connection with Special Case No. 4315 of 2020 arising out of Punpun P.S. Case No.154 of 2020 registered under sections 414 and 34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.
As per allegation in the FIR, 70 litres of country liquor was recovered from a motorcycle near which the petitioner was standing.
It is submitted by learned counsel for the petitioner that no recovery of any incriminating article has taken place from his possession instead the seized liquor was lying by the road side. The petitioner is in custody since 9.7.2020 and has no
Patna High Court CR. MISC. No.32847 of 2020(2) dt.08-12-2020 2/2
criminal antecedent.
The application for bail is opposed by learned APP
for the State.
Having heard learned counsel for the parties and taking into consideration the period in custody and investigation in the case having concluded, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Punpun P.S. Case No.154 of 2020 (Special Case No. 4315 of 2020) on his furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna.
(Partha Sarthy, J)
Bibhash/-
U T
3 issues framed by the court
Whether the petitioner is entitled to regular bail in connection with the charge of illegal manufacture or possession of country liquor.
Whether the period in custody warrants the enlargement of the petitioner on bail.
Whether the conclusion of investigation justifies granting bail.
3 provisions across 2 enactments
Ranjit Kumar
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
