This order grants regular bail to the petitioner in a case involving illicit liquor trade under the Indian Penal Code and Bihar Prohibition and Excise Act, directing him to furnish a bond and appoint sureties.
Bail granted on furnishing a bond of Rs. 10,000 with two sureties of the like amount each to the Special Judge, Excise Act, Buxar.
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.21737 of 2021
Arising Out of PS. Case No.-278 Year-2020 Thana- BRAHMPUR District- Buxar
======================================================
RAJU PANDEY Son of Mahendra Pandey Resident of Village - Laxman Dera Chhaki, P.S. - Brahmpur District - Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Bachan Jee Ojha, Adv. For the Opposite Party/s : Mr. Bishweshwar Ram no.1, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
2 15-09-2021 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 272 and 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.
As per the prosecution case, on information having been received about illicit trade of liquor, it is stated that a raid was conducted but the accused persons including the petitioner managed to escape. 40 litres of liquor was recovered.
It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. The cause of his false implication is his antecedent under the
Patna High Court CR. MISC. No.21737 of 2021(2) dt.15-09-2021 2/2
Bihar Prohibition and Excise Act, 2016. The petitioner is in custody since 15.11.2020 and chargesheet has been submitted in the case.
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the facts of the case including the petitioner not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Brahmpur (Chhaki) P.S. Case no. 278 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees 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 Act, Buxar.
(Partha Sarthy, J)
Bibhash
U
2 issues framed by the court
Whether the petitioner should be granted regular bail in the pending case.
What are the conditions and bail bond amount for the petitioner's release.
2 provisions across 2 enactments
Raju Pandey
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
