Single judge of Patna High Court granted regular bail to the petitioner in prohibition case. Court noted illicit liquor was not recovered from petitioner's conscious possession and he has clean antecedents while languishing in custody.
Petitioner directed to be enlarged on bail by furnishing bonds of Rs. 10,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 419 of 2020
Arising Out of PS. Case No.-31 Year-2019 Thana- TISIAUTA District- Vaishali
======================================================
VIKASH KUMAR Son of Hari Nandan Rai @ Harinandan Ray Resident of Village - Harpur Belwa, P.S. - Mahua, District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Anuj Kumar For the Opposite Party/s : Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 16-01-2020
Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Tisiauta P.S. Case No. 31 of 2019, registered for the offence punishable under Sections 30(a), (b), (C), 38, 41(a), (b) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
The allegation is regarding recovery of 360 liters of illicit Indian made foreign liquor from the premises of the coaccused person, namely, Kapileshwar Rai and upon interrogation, the said co-accused person, namely, Kapileshwar Rai had disclosed that the petitioner was involved in bringing the illicit liquor from Uttar Pradesh.
The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present
Patna High Court CR. MISC. No. 419 of 2020(2) dt.16-01-2020 2/2
case. It is submitted that though the petitioner is an accused in one other case, but he is on bail in the said case. It is further submitted that the petitioner is having a clean antecedent and he is languishing in custody since 15.11.2019.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, coupled with the fact that the illicit liquor has not been recovered from the conscious possession of the petitioner, I deem it fit and proper to direct for release of the petitioner on regular bail.
Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/(rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge IInd – cum Excise Court, Vaishali at Hajipur in connection with Tisiauta P.S.Case No. 31 of 2019.
(Mohit Kumar Shah, J)
ajay gupta/-
U T
1 issue framed by the court
Whether the petitioner should be granted regular bail in the facts and circumstances of the case.
1 provisions across 1 enactments
Vikash Kumar
The State of Bihar
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
