The High Court at Patna granted anticipatory bail to the petitioner in a case involving illicit liquor recovery, allowing release upon surrender within four weeks.
Grant of bail on furnishing a bond of Rs. 20,000 with two sureties of the same 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.31269 of 2020
Arising Out of PS. Case No.-182 Year-2020 Thana- HILSA District- Nalanda
======================================================
BALMIKI CHAUDHARY Son of Bindeshwar Chaudhary Resident of Mohalla - Deepnagar, Bihari Road, P.S. - Hilsa, District - Nalanda.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Manoj Kumar, Adv For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
2 09-04-2021 Heard learned counsel for parties.
Petitioner apprehends his arrest in connection with a case registered for the offence punishable under Sections 30(a),56(D) of the Bihar Prohibition and Excise Act, 2016.
As per FIR, allegation is of recovery of 415 litre of illicit country made liquor from the house of accused Biru Singh.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on mere suspicion. Nothing has been recovered from the possession of the petitioner. The name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused Kunal Kumar. No offence under Excise Act is made out against petitioner. Petitioner has no criminal antecedent.
Patna High Court CR. MISC. No.31269 of 2020(2) dt.09-04-2021 2/2
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail, in the event of his/her arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/-with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Hilsa P.S. Case No. 182 of 2020 subject to the conditions as laid down under Section 438(2) of the Cr.P.C with following conditions:-
(1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J)
ranjan/-
U
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner in a case involving illicit liquor under the Bihar Prohibition and Excise Act, 2016.
2 provisions across 2 enactments
Balrimi Chaudhary
The State of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
