The court granted regular bail to the petitioner, who was arrested in an excise case involving illicit liquor, noting his lack of criminal antecedents and the submission of the chargesheet.
Release of the petitioner on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2699 of 2021
Arising Out of PS. Case No.-245 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj
======================================================
NURAIN ANSARI @ NOORIN ANSARI, S/o Alamin Ansari, R/o villagePandey Tola Nechua, P.S.- Kuchaikote, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjeet Kumar Pandey, Advocate For the Opposite Party/s : Mrs. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 18-03-2021
Heard Mr. Ranjeet Kumar Pandey, learned Counsel
for the petitioner and Mrs. Gulnar Begum, learned Additional Public Prosecutor for the State, through Video Conferencing.
This application, for grant of regular bail, arises out of Excise Case No. 245 of 2020, disclosing offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
The allegation, as per the prosecution report is that Excise Official intercepted a vehicle and recovered a total quantity of 387 litres of illicit liquor from the same but the driver of the vehicle taking advantage of darkness succeeded in fleeing away and the petitioner, who was found sitting beside the driver seat, was arrested.
Patna High Court CR. MISC. No.2699 of 2021(2) dt.18-03-2021 2/3
Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case due to oblique motive and he is having no criminal antecedent. Learned counsel next submits that petitioner is the resident of the nearby locality from where the seizure was made and at the time of occurrence, he was going towards his home but was arrested by the police with oblique motive and has been dragged in this case. Learned counsel further submits that seizure list has not been prepared as per the provisions of Section 100 Cr.P.C. Learned counsel next submits that petitioner is in custody since 13.09.2020 and the chargesheet has already been submitted against the petitioner and there is no likelihood that the petitioner will abscond or tamper with the evidence.
Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that petitioner is in custody since 13.09.2020 having no criminal antecedent and the chargesheet has already been submitted in this case, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, Nurain Ansari @ Noorin Ansari, be released on bail on furnishing bail bond of
Patna High Court CR. MISC. No.2699 of 2021(2) dt.18-03-2021 3/3
Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-II-cum-Special Judge (Excise), Gopalganj, in connection with Excise Case No. 245 of 2020.
It is made clear at the time of furnishing bail bond, all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J)
sanjeev/-
U T
1 issue framed by the court
Whether regular bail should be granted to the petitioner facing charges under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
Nurain Ansari @ Noorin Ansari
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
