The Patna High Court issued an oral order granting bail to the petitioner, Salil Mohammad, accused of illicit liquor possession under the Bihar Prohibition and Excise Act and relevant IPC sections, subject to conditions including a bail bond and sureties.
Petitioner released on bail on furnishing bond of Rs. 20,000 with two sureties of 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.29346 of 2021
Arising Out of PS. Case No.-18 Year-2021 Thana- SIWAIPATTI District- Muzaffarpur
======================================================
Salil Mohammad S/o Akbar Miya Resident of Village- Sodhna Madhopur, P.S.- Siwaipatti, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar @ S.K., Advocate For the Opposite Party/s : Mr. Shaheen Begum, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
2 22-10-2021 Heard the parties in virtual Court proceeding.
Let the defects, if any, be removed within four weeks
of the start of the normal functioning of the Court.
The petitioner is languishing in custody for the offences punishable under Sections 272/273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
35 liters of liquor was allegedly recovered from the hut of the petitioner. The petitioner is in custody since 11.02.2021. The petitioner has stated on oath that he has got no criminal antecedent.
Since this is the first allegation against the petitioner under Bihar Prohibition and Excise Act and investigation of the case is already complete, let the petitioner, above named, be
Patna High Court CR. MISC. No.29346 of 2021(2) dt.22-10-2021 2/2
released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Siwaipatti P.S. Case No. 18 of 2021 with following conditions:
(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(c) The petitioner shall not leave the country without permission of the trial Court.
(Birendra Kumar, J)
Mkr./-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a case alleging offences under Sections 272/273/34 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act.
2 provisions across 2 enactments
SALIL MOHAMMAD
THE STATE OF BIHAR
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
