Petitioners in an excise case involving foreign liquor recovered from a truck they were driving sought bail. The High Court granted bail considering the 65-day custody period and clean antecedents.
Petitioners enlarged on bail by furnishing bond of Rs. 10,000/ each with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14900 of 2021
Arising Out of PS. Case No.-235 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Purnia
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ram Prawesh Kumar For the Opposite Party/s : Mr.Chandra Bhushan Pd, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
6 06-12-2021 Heard learned counsel for the petitioners and learned
A.P.P for the State.
The petitioners seek bail in C-1 Case No. 235 of 2020, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
1440.650 litres of foreign liquor has been recovered from a truck of which petitioner no. 1 is Driver and petitioner no. 2 is Khalasi.
It is submitted that no recovery has been made from conscious possession of petitioners. Petitioners were simply driving the vehicle and were not aware about the nature of consignment. Petitioners claim clean antecedent and they are in
Patna High Court CR. MISC. No.14900 of 2021(6) dt.06-12-2021 2/2
custody since 22.12.2020. Investigation is complete.
Considering the period of custody coupled with the fact that petitioners bear clean antecedent, the petitioners above-named, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge Excise, Purnea in connection with C-1 Case No. 235 of 2020.
(Prabhat Kumar Singh, J)
vinita/-
U T
2 issues framed by the court
Whether the petitioners are entitled to bail after 65 days of custody in an excise case?
Whether the lack of conscious possession and clean antecedents are relevant for bail?
1 provisions across 1 enactments
Md Abdul Rasid
Innus Ali
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
