Single-judge oral order granting regular bail to a petitioner accused in a foreign liquor rem case. The court noted no recovery from the petitioner's conscious possession and directed a bond with sureties.
Granted regular bail on furnishing a bond of Rs.50,000 with two sureties of the like amount and an undertaking not to involve in similar activities.
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.11348 of 2022
Arising Out of PS. Case No.-214 Year-2021 Thana- GANGABRIDGE District- Vaishali
======================================================
Uday Kumar Son Of Sanjay Rai, R/O Village- Madarpur, P.S.- Ganga Bridge, District- Vaishali
... ... Petitioner
Versus
The State Of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr. Anuj Kumar, Advocate For the Opposite Party/s : Mr. Jagdhar Prasad, APP. ======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER
2 06-07-2022
Heard counsel for the petitioner and the learned A.P.P.
for the State.
The petitioner seeks regular bail in connection with Ganga Bridge P.S. Case No. 214 of 2021 lodged under Sections 30(a), 32(3), 36 and 56 of Bihar Prohibition and Excise Act, 2018.
Total recovery of 967.425 liters of foreign liquor was alleged to be made from the house of Punit Rai.
Learned counsel for the petitioner submits that nothing was recovered from the conscious possession of the petitioner. He further submits that petitioner is in custody since 03.01.2022 and charge sheet has already been filed in this case.
Learned A.P.P. has opposed the prayer for bail.
Considering the facts of the case that recovery has not
Patna High Court CR. MISC. No.11348 of 2022(2) dt.06-07-2022 2/2
been made from the conscious possession of the petitioner, charge sheet has already been filed in this case and petitioner is in custody since 03.01.2022, let the petitioner above named, be granted bail on furnishing bail bond of Rs.50,000/- (Fifty Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1 -cum- Additional District & Sessions Judge, Vaishali at Hajipur in connection with Ganga Bridge P.S. Case No. 214 of 2021. Petitioner is also directed to file an undertaking that he shall not involve in such types of activities in future before trial court at the time of furnishing his bail bond.
The prosecution is at liberty to file cancellation of bail, in case the petitioner violates his undertaking.
(Dr. Anshuman, J.)
ravishankar/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in_CONNECTION_ with foreign liquor smuggling proceedings.
1 provisions across 1 enactments
Uday Kumar
The State Of Bihar
ANSHUMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
