High Court of Patna granted regular bail to the petitioner in a criminal case involving liquor smuggling offences under Sections 272 and 273 IPC and Section 30(a) of Bihar Prohibition and Excise Act.
Released on bail bond of Rs. 10,000 with two sureties of like amount each to the satisfaction of learned Special Judge, Excise Act, Patna.
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.62290 of 2021
Arising Out of PS. Case No.-202 Year-2021 Thana- FATUA District- Patna
======================================================
Ramendra Sharma @ Tiwary Son of Ram Keshav Sharma Resident of Mohalla - 98, Mahagoli, District - Agra (Utter Pradesh).
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. N.K. Agarwal, Sr. Advocate For the Opposite Party/s : Mr. Khurshid Anwar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
2 24-12-2021
The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of Covid 19 pandemic, requiring social distancing.
Heard Shri N.K. Agarwal, learned senior counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Fatua P.S. Case No. 202 of 2021 dated 11.03.2021 instituted for the offences under Sections 272 and 273 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act.
Learned senior counsel for the petitioner submits that the petitioner is in custody since 08.07.2021 and charge-sheet has been submitted in the case.
Patna High Court CR. MISC. No.62290 of 2021(2) dt.24-12-2021 2/2
Learned senior counsel for the petitioner submits that allegation is of total recovery of 1155.96 litres of liquor from different vehicles as detailed in the F.I.R.
Learned senior counsel for the petitioner submits that the petitioner is not named in the F.I.R., he was arrested in Bypass P.S. Case No. 38 of 2021 on 16.04.2021 and his confessional statement was recorded based on which the petitioner was arrested in this case on 08.07.2021.
Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.
Considering the fact that the petitioner is in custody since 08.07.2021, charge-sheet has been submitted in the case and his name surfaced based on his confessional statement before the police, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna in connection with Fatua P.S. Case No. 202 of 2021.
(Satyavrat Verma, J)
Rishi/-
U T
1 issue framed by the court
Whether the petitioner entitled to regular bail in connection with offences under Sections 272 and 273 IPC read with Section 30(a) of Bihar Prohibition and Excise Act.
3 provisions across 2 enactments
Ramendra Sharma @ Tiwary
The State Of Bihar
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
