Single bench oral order allowing bail to the petitioner on furnishing a bond of Rs. 50,000 with sureties, considering he is in custody since charge sheet filing but has clean antecedents.
Petitioner granted bail on furnishing bail bond of Rs. 50,000 with two sureties of the like 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.12201 of 2022
Arising Out of PS. Case No.-291 Year-2021 Thana- JANDAHA District- Vaishali
======================================================
Ratnesh Paswan Son Of Brahmdeo Paswan R/O Village- Dubha, P.S.Jandaha, District- Vaishali
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s : Mr. Gauri Shankar Gupta, 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 Jandaha P.S. Case No. 291 of 2021 lodged under Sections 414, 272 and 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2018.
As per the allegation made in the F.I.R., the recovery of 100 litres desi wine from motorcycle and 200 litres desi liquor from Tempo. Three persons were arrested including the petitioner.
Learned counsel for the petitioner submits that petitioner is neither owner of motorcycle nor the owner of Tempo. He is the passenger sitting on the Tempo and during raid, police has caught him. He further submits that charge sheet
Patna High Court CR. MISC. No.12201 of 2022(2) dt.06-07-2022 2/2
has been filed in this case and petitioner is in custody since 11.12.2021 having clean antecedent.
Learned A.P.P. has opposed the prayer for bail.
In the present facts and circumstances of the case that charge sheet has been filed in this case and petitioner is in custody since 11.12.2021 having clean antecedent, 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 Jandaha P.S. Case No. 291 of 2021, subject to conditions as laid down under Section 437(3) of the Code of Criminal Procedure.
(Dr. Anshuman, J.)
ravishankar/-
U T
2 issues framed by the court
Whether to grant bail to petitioner after charge sheet has been filed.
Whether petitioner's clean antecedents justify bail under presence of charge sheet.
3 provisions across 3 enactments
Ratnesh Paswan
The State of Bihar
Dr. Anshuman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
