The Patna High Court allowed a bail petition filed by Vijay Kumar. The petitioner was accused of smuggling liquor under a Bihar prohibition case. The court noted he had no criminal antecedents and ordered his release on bail.
Order directs the petitioner to be enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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.27185 of 2021
Arising Out of PS. Case No.-52 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi
======================================================
VIJAY KUMAR Son of Late Mahinder Mahto @ Late Mahendra Mahto Resident of Village - Mahtiya Ward No.13, P.S.- Sonbarsa, Distt.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Uday Kumar, Adv. For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
3 17-12-2021
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 section 30(a) of the Bihar Prohibition and Excise Act, 2016.
As per the prosecution case, a total of 540 litres of liquor was recovered being smuggled from Nepal into India and the petitioner was taken into custody.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the petitioner’s possession who has been falsely implicated in the case. The petitioner is in custody since 21.1.2021 and has no criminal antecedent. Chargesheet has been submitted in the
Patna High Court CR. MISC. No.27185 of 2021(3) dt.17-12-2021 2/2
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 together with the petitioner not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with C2 Case no.52 of 2021 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 Session Judge 2nd -cum-Special Judge (Excise), Sitamarhi.
(Partha Sarthy, J)
Bibhash
U
1 issue framed by the court
Whether the petitioner is entitled to be enlarged on bail in a case under section 30(a) of the Bihar Prohibition and Excise Act, 2016.
1 provisions across 1 enactments
Vijay Kumar
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
