The Patna High Court granted regular bail to the petitioner in a case involving the recovery of illicit liquor and a pistol, noting the petitioner's lack of antecedents and the surrender of charge sheets.
Petitioner released on bail on bond of Rs. 10,000/ 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.35804 of 2020
Arising Out of PS. Case No.-56 Year-2020 Thana- BITHAN BAZAR District- Samastipur
======================================================
RAM VINAY KUMAR S/o Butan Yadav R/o village- Telni, P.S.- Bithan, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar For the Opposite Party/s : Mr.Shyameshwar Dayal, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
ORAL ORDER
6 20-02-2021 Heard learned counsel for the parties.
This application for grant of regular bail arises out of Bithan P.S. Case No. 56 of 2020, disclosing offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act read with Section 25(1-b) a, 26, 35 of the Arms Act.
The petitioner is in custody since 31.05.2020. Five persons have been named in the First Information Report including this petitioner with the allegation that from possession of the petitioner 125.250 liters of illicit Indian made foreign liquor was recovered. From possession of another co-accused a loaded country made pistol was also recovered.
Learned counsel for the petitioner has submitted that the petitioner has no criminal antecedent and since the charge-
Patna High Court CR. MISC. No.35804 of 2020(6) dt.20-02-2021 2/2
sheet has been submitted by now, no purpose would be served, allowing the petitioner remain in custody in the background of nature of accusation against him. He has further submitted that co-accused Nunu Lal has been allowed regular bail by this Court by an order dated 03.12.2020 passed in Cr. Misc. No. 31975 of 2020.
Considering the above submission, this application is
allowed.
Let the petitioner above-named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Samastipur in Bithan P.S. Case No. 56 of 2020.
(Chakradhari Sharan Singh, J)
arun/-
U
1 issue framed by the court
Whether the petitioner is entitled to be released on regular bail in a case involving illicit liquor and possession of a weapon.
2 provisions across 2 enactments
Ram Vinay Kumar
The State of Bihar
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
