This court in an oral order dismissed the State's submissions and granted regular bail to the petitioner, who was accused of possessing illicit wine, noting his clean antecedents and direct plea of false implication.
Regular bail directed on furnishing a bond of Rs. 10,000/ with two sureties of the like amount to the Additional Sessions Judge, Siwan.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4732 of 2020
Arising Out of PS. Case No.-339 Year-2019 Thana- MAIRWAN District- Siwan
======================================================
VIDYA KUSHWAHA S/o Late Swaminath Kushwaha @ Swaminath Singh R/o village- Srinagar, Mairwa, P.S.- Mairwa, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Tiwary For the Opposite Party/s : Mr.Indu Kumari Srivastava ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 23-01-2020
Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Mairwa P.S. Case No. 339 of 2019, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The allegation is regarding recovery of 36 liters of illicit wine from the back side of a shop and the accused persons including the petitioner are said to have been caught from the said place.
The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case. It is submitted that the petitioner is having a clean antecedent and he is languishing in custody since 15.12.2019.
Patna High Court CR. MISC. No.4732 of 2020(2) dt.23-01-2020 2/2
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 petitioner is having a clean antecedent, 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 2nd cumSpecial Judge, Excise, Siwan in connection with Mairwa P.S. Case No. 339 of 2019.
(Mohit Kumar Shah, J)
Ajay/-
U T
2 issues framed by the court
Whether the petitioner should be released on regular bail having regard to his clean antecedents and the facts of the recovery case.
Whether the petitioner was falsely implicated in the case for possession of illicit wine.
VIDYA KUSHWAHA
The State of Bihar
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
