Petitioner sought bail in Bihar Prohibition & Excise Act case alleging recovery of country-made liquor from motorcycle he drove. Known as 'patna high court cr. misc. no. 5832 of 2021'. High Court granted bail on Rs. 20,000 surety.
Petitioner released on bail upon furnishing bond of Rs. 20,000 with two sureties of similar 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.5832 of 2021
Arising Out of PS. Case No.-239 Year-2020 Thana- KHAIRA District- Saran
======================================================
PINTU KUMAR, Son of Shambhu Ray, Resident of Village - Sadha, P.S.Chapra Muffasil, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Bishwajeet Singh, Advocate For the Opposite Party/s : Smt. Asha Kumari, APP. ======================================================
CORAM: HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
2 15-04-2021
Heard learned counsel for petitioner and learned
counsel for the State.
Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 30, 30(a) of Bihar Prohibition & Excise Act, 2018.
Allegation is recovery of 84 litres country-made liquor from a motorcycle which was driven by the petitioner.
It has been submitted on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case on the basis of suspicion. Petitioner is not named in the F.I.R. Petitioner has no concern with the said motorcycle and nothing was recovered from the conscious possession of the petitioner. Petitioner has no criminal antecedent and he is in custody since 23.08.2020.
Patna High Court CR. MISC. No.5832 of 2021(2) dt.15-04-2021 2/2
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 Khaira P.S. Case No. 239 of 2020 with following conditions:-
(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.
(S. Kumar, J)
Rajiv/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner charged with offences under Sections 30 and 30(a) of the Bihar Prohibition & Excise Act, 2018.
Pintu Kumar
The State of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
