Single judge allowed a regular bail application. The court granted bail to a petitioner falsely implicated in an excise raid case involving liquor recovery, directing him to furnish a bond and sureties.
Petitioner granted regular bail on furnishing bond of Rs.10,000 with two sureties of 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.32883 of 2020
Arising Out of PS. Case No.-100 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai
======================================================
RAJESH KUMAR @ BAHUBALI @ CHHOTU KUMAR S/o Hare Ram Singh Resident of- Ward No. 45, Chhoti Aighu, Mohan Eghu, Mohanaigh, P.S.- Muffasil, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Pritish Kumar Lal, Adv. For the Opposite Party/s : Mr. Rana Randhir Singh, 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 petitioner has filed the instant application for grant of regular bail in connection with Complaint (Excise) Case No. 100 C2 of 2020 registered under section 30(a) of the Bihar Prohibition of Excise Act, 2016.
As per the complaint, on secret information having been received a raid was conducted. While the six accused persons managed to escape, it is stated that 756 litres of IMFL liquor was recovered.
It is submitted by learned counsel for the petitioner that from perusal of the complaint it would transpire that the petitioner has been falsely implicated in the case as there is no
Patna High Court CR. MISC. No.32883 of 2020(2) dt.08-12-2020 2/2
description as to how he is connected with the offence in question. It is submitted that he has no concern with the alleged seized article and has wrongly been described in the complaint as regularly dealing in IMFL. It is further submitted that prior to lodging of the instant complaint, he has not been made accused in any other case but subsequent thereto he has been falsely implicated in a case. He is in custody since 28.8.2020.
The application for bail is opposed by learned APP for
the State.
Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner together with the investigation in the case having concluded, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Complaint (Excise) Case No. 100 C2 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Begusarai.
sushma/- U
(Partha Sarthy, J)
1 issue framed by the court
Whether the petitioner should be granted bail in an excise violation case.
Rajesh Kumar
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
