The High Court granted regular bail to the petitioner in a case under the Bihar Prohibition and Excise Act involving recovery of country-made wine, noting clean antecedents and custody duration.
Petitioner directed to be enlarged on bail on furnishing bonds of Rs. 10,000 with two sureties to the Special Judge, Excise, Gopalganj.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.591 of 2020
Arising Out of PS. Case No.-380 Year-2019 Thana- KATEYA District- Gopalganj
======================================================
NITISH KUMAR RAM Son of Sri Bhagwan Ram @ Shri Bhagvan Ram Resident of Village- Ruppoiya, P.S.- Kateya, Distt- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Indrajeet Bhushan For the Opposite Party/s : Mr.Satyadeo Singh Yadav ======================================================
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 Kateya P.S.Case No. 380 of 2019, registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
The allegation is regarding recovery of 116.8 liters of country made illegal wine from the sack being carried on a motorcycle being driven by the petitioner and a co-accused person.
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 1.11.2019.
Patna High Court CR. MISC. No.591 of 2020(2) dt.16-01-2020 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 District & Sessions Judge-II-Cum-Special Judge, Excise, Gopalganj in connection with Kateya P.S.Case No. 380 of 2019.
(Mohit Kumar Shah, J)
ajay gupta/-
U T
2 issues framed by the court
Whether the petitioner should be released on regular bail considering clean antecedents and duration of custody.
Whether the recovery of illegal wine implicates the petitioner sufficiently to warrant continued detention.
1 provisions across 1 enactments
NITISH KUMAR RAM
The State of Bihar
MOHIT KUMAR SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
