Single judge order granting bail to Amar Yadav in a PS case regarding recovery of liquor and spirit, pending furnishing of sureties due to lockdown conditions.
Petitioner released on bail on furnishing bonds of Rs. 10,000 with two sureties each; alternatively, release on personal bond pending sureties during lockdown.
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.75228 of 2019
Arising Out of PS. Case No.-247 Year-2019 Thana- TRIVENIGANJ District- Supaul
======================================================
AMAR YADAV Son of Bijendra Prasad Yadav Resident of Village - Harinagar, Musharniya, Sikiyahi Barkuwa Ward No. 6, P.S.- Triveniganj, Distt - Supaul.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner : Mrs. Veena Kumari Jaiswal, Adv. For the Opposite Party : Mr. Ram Priya Sharan Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA
ORAL ORDER
3 12-05-2020
Heard Mrs. Veena Kumari Jaiswal, learned counsel appearing for the petitioner as well as Mr. Ram Priya Sharan Singh, learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner is languishing in jail custody since 26.08.2019 in connection with Triveniganj P.S. Case No. 247 of 2019 on the charges that 26 litre liquor as well as 650 litre sprit were recovered from his cow-shed.
Learned counsel appearing for the petitioner submits that petitioner does not have any criminal antecedent and he has sufficiently been punished by remaining in jail custody since long.
On the other hand, learned Additional Public
Patna High Court CR. MISC. No.75228 of 2019(3) dt.12-05-2020 2/2
Prosecutor opposed the prayer pointing out that in huge quantity liquor as well as sprit have been recovered from the house of the petitioner.
Considering the aforesaid submissions as well as facts and circumstances of the case and also keeping in mind that petitioner does not have any criminal antecedent and is cooling his heels behind the bar since long, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions JudgeIInd cum Special Judge (Excise), Supaul in connection with Triveniganj P.S. Case No. 247 of 2019 corresponding to S.T. Excise Case No. 660 of 2019.
However, it is made clear that if the petitioner fails to make available sureties due to lockdown as well as due to prevailing situation, the concerned court shall release the petitioner provisionally on personal bond with condition that petitioner shall furnish the sureties when lockdown is over.
(Hemant Kumar Srivastava, J)
shahzad/- U T
1 issue framed by the court
Whether the petitioner should be granted bail in the liquor and spirit recovery case.
Amar Yadav
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
