The High Court at Patna granted bail to the petitioner in a case under the Bihar Prohibition and Excise Act, ordering his release upon furnishing a bond of Rs. 10,000 with two sureties.
Petitioner released on bail upon furnishing a bond of Rs. 10,000 with two sureties of the 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.46164 of 2021
Arising Out of PS. Case No.-712 Year-2019 Thana- MAHUA District- Vaishali
======================================================
SURENDRA RAI @ SURESH RAI S/O POLICE RAI R/o village- Piroyee, P.S.- Goraul, Distt.- Vaishali
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Amresh Kumar Sinha For the Opposite Party/s : Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 16-11-2021 Heard learned counsel for the petitioner and the State.
Petitioner seeks regular bail in a case registered for the offence punishable under Section 30(a) and other allied sections of the Bihar Prohibition and Excise Act.
As per the prosecution case, 540.830 liters of liquor was recovered from a pickup van. Petitioner has been identified by Chaukidar as the person who fled away from the place of recovery after seeing the police.
Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. Petitioner is in custody since 25.6.2021. Investigation is complete.
Patna High Court CR. MISC. No.46164 of 2021(2) dt.16-11-2021 2/2
Learned counsel appearing for the State opposes the
prayer for bail.
Considering the rival submissions of the parties, materials available on the record and the period of custody of the petitioner, 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 Additional Sessions Judge II cum Special Judge, Excise Act Vaishali at Hajipur in Mahua Police Station Case No. 712 of 2019.
(Prabhat Kumar Singh, J)
shashi/-
1 issue framed by the court
Whether the petitioner is entitled to release on bail in a case involving the Bihar Prohibition and Excise Act.
SURENDRA RAI @ SURESH RAI
The State of Bihar
PRABHAT KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
