In Criminal Miscellaneous No. 5721 of 2021, this court granted bail to the petitioner in a case involving Section 30(a) of the Bihar Prohibition & Excise Act, 2016, for recovery of Nepali liquor. The petitioner was instructed to furnish a bail bond along with two sureties.
Bail admitted on bond of Rs. 20,000 with two sureties on certain conditions.
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.5721 of 2021
Arising Out of PS. Case No.-332 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi
======================================================
BISHNU SAHANI SON OF LATE JAGAN SAHANI RESIDENT OF VILLAGE- FULWARIYA MAHUAVA WARD NO 14 PS-DHANKA, DISTRICT-MOTIHARI
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Birendra Kumar, Adv. For the Opposite Party/s : Mr. Abhay Kumar No. 1, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER
2 13-04-2021 Heard learned counsel for the parties.
Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.
Allegation is recovery of 105 litres Nepali liquor from the field of sugarcane and petitioner was apprehended by the S.S.B. personnel along with a motorcycle.
It has been submitted on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case. Petitioner has no concern with the seized liquor and as a matter of fact, on the alleged date of occurrence he was returning from his relatives home and was arrested by the S.S.B. personnel. Petitioner has no criminal antecedent and he is in
Patna High Court CR. MISC. No.5721 of 2021(2) dt.13-04-2021 2/2
custody since 03.09.2020.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon 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 C-2 Case No. 332/2020, 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.
(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.
(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.
(S. Kumar, J)
shahzad/-
U T
2 issues framed by the court
Whether the petitioner should be granted bail in a case concerning recovery of prohibited liquor.
What conditions should be prescribed for the release of the petitioner on bail.
Bishnu Sahani
State of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
