This order grants bail to a petitioner in a liquor prohibition case pending framing of charges, subject to a bond of twenty thousand rupees and two sureties, with standard direction to remove procedural defects within four weeks.
Petitioner released on bail after framing of charges on furnishing bond of Rs. 20,000 with two sureties.
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.29347 of 2021
Arising Out of PS. Case No.-60 Year-2020 Thana- NAANPUR District- Sitamarhi
======================================================
Baiju Kumar S/o Suraj Rai R/o Village- Kurhar Chikura, P.S.- Nanpur, District- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Santosh Kumar, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
2 22-10-2021
Heard the parties in virtual Court proceeding.
Let the defects, if any, be removed within four weeks
of the start of the normal functioning of the Court.
The petitioner is languishing in custody for the offences punishable under Sections 30/30(a)/38(i)(ii)/41 of the Bihar Prohibition and Excise Act, 2016.
127.5 liters of foreign liquor was recovered from possession of the petitioner. The petitioner has stated on oath that he has got no criminal antecedent. The petitioner is in custody since 14.01.2021.
Considering the quantum of recovery of liquor, let the petitioner, above named, be released on bail after framing of the charges so that trial may not hamper on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the
Patna High Court CR. MISC. No.29347 of 2021(2) dt.22-10-2021 2/2
like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Nanpur P.S. Case No. 60 of 2020 with following conditions:
(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.
(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(c) The petitioner shall not leave the country without permission of the trial Court.
(Birendra Kumar, J)
Mkr./-
U T
1 issue framed by the court
Whether the petitioner should be granted bail pending framing of charges in a liquor prohibition case.
1 provisions across 1 enactments
Baiju Kumar
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
