The High Court at Patna granted bail in an excise case where foreign liquor was recovered from a vehicle occupied by the petitioner. The court noted the petitioner was not the owner or driver and had clean antecedents.
Petitioner enlarged on bail by furnishing a bond of Rs. 10,000/- with two sureties of like amount to the Special Judge, Excise.
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.15658 of 2021
Arising Out of PS. Case No.-309 Year-2020 Thana- DURGAWATI District- Kaimur (Bhabua)
======================================================
HARERAM SINGH SON OF DIGRI SINGH R/o village- Bimava, P.S.Jagdishpur, Distt.- Bhojpur (Ara)
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ravi Shankar Pathak For the Opposite Party/s : Mr.A.G ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 03-03-2021
Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner seeks bail in Durgawati P.S. Case No. 309 of 2020 (Excise Case No. 946 of 2020), registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
88.56 litres of foreign liquor has been recovered from a car in which this petitioner was one of the occupants and he was apprehended on the spot.
It is submitted that petitioner is neither owner nor driver of the vehicle in question. Nothing has been recovered from conscious possession of this petitioner. Petitioner bears clean antecedent and is in custody since 17.12.2020.
Considering the facts and circumstances of the case,
Patna High Court CR. MISC. No.15658 of 2021(2) dt.03-03-2021 2/2
the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge II-cum-Special Judge, Excise, Kaimur at Bhabhua in connection with Durgawati P.S. Case No. 309 of 2020 (Excise Case No. 946 of 2020) subject to following conditions:-
(i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Prabhat Kumar Singh, J)
vinita/-
U T
1 issue framed by the court
Whether the petitioner admits to bail in the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
1 provisions across 1 enactments
HARERAM SINGH
THE STATE OF BIHAR
PRABHAT KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
