The High Court of Patna granted regular bail to the petitioner in an IMFL case. Considering the petitioner was not arrested at the spot and no evidence was recovered from him, he was directed to furnish a bail bond and sureties.
Petitioner enlarged on bail on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each.
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.25005 of 2021
Arising Out of PS. Case No.-521 Year-2019 Thana- SAHEBGANJ District- Muzaffarpur
======================================================
UDAY TIWARI S/O MR. SHILA NATH TIWARI R/o village- Bishunpur Kalyan, P.S.- Sahebganj, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ritwik Thakur, Advocate For the Opposite Party/s : Mr. Arun Kumar Singh 5, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
2 22-09-2021
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 a raid being conducted it is stated that while the three accused persons including the petitioner herein managed to escape, 256.950 litres of IMFL 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 petitioner has no criminal antecedent under the Bihar
Patna High Court CR. MISC. No.25005 of 2021(2) dt.22-09-2021 2/2
Prohibition and Excise Act, 2016. He is in custody since 9.1.2021 and chargesheet has been submitted in the case.
Heard learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner not having been arrested at the spot nor any incriminating article having been recovered from his possession, the petitioner is directed to be enlarged on bail in connection with Sahebganj P.S. Case no. 521 of 2019 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 Special Judge, Excise, Muzaffarpur.
(Partha Sarthy, J)
Spd/-
U T
2 issues framed by the court
Whether the petitioner is entitled to regular bail given he was not arrested at the spot and no incriminating articles were recovered from his possession.
Whether the facts warrant enlargement on bail with a specific bond amount and sureties.
2 provisions across 2 enactments
Uday Tiwari
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
