The High Court allowed bail to the petitioner in an excise complaint case involving illegal liquor recovery. Bail is permissible after framing of charges subject to sureties and conditions to appear in trial.
Petitioner released on bail after framing of charge on furnishing bond of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13752 of 2022
Arising Out of PS. Case No.-33 Year-2013 Thana- GOVERNMENT OFFICIAL COMP. District- Khagaria
======================================================
KUNDAN CHOUDHARY Son of Late Laxmi Choudhary Resident of Village- Chhoti Jhiktia, P.S.- Maheshkhut, District- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Viveka Nandsingh For the Opposite Party/s : Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
2 15-07-2022
Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State in virtual court proceeding.
The petitioner seeks bail in connection with Khagaria Excise Complaint Case No. 33 C3/2013 registered for the offences punishable under Section 47(a) of Bihar Excise Act.
As per seizure list, there is alleged recovery of 350 kg. Jawa mahua and 30 litre illegal chulai liquor from the sale centre cum house of the petitioner. It is alleged that at the time of raid petitioner fled away from there.
Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.13752 of 2022(2) dt.15-07-2022 2/3
petitioner is in judicial custody since 15.01.2022 and bears criminal antecedent of three cases of similar nature in which he is on bail in two cases. Prosecution report has been submitted in the case and there is no likelihood of tampering the evidence. No incriminating article has been recovered from conscious possession of the petitioner. Petitioner has falsely been implicated in this case. Petitioner is not apprehended on the spot.
The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody, prosecution report has been submitted in the case and there is no likelihood of tampering the evidence, petitioner is not apprehended on the spot and also taking into consideration the material available on record, let the petitioner above named be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge-2nd, Khagaria in connection with Excise Complaint Case No. 33 C3/2013, subject to following conditions:-
(i) One of the bailors shall be either father or
Patna High Court CR. MISC. No.13752 of 2022(2) dt.15-07-2022 3/3
mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J)
shahzad/-
U T
2 issues framed by the court
Whether the petitioner, currently in judicial custody, is entitled to bail in the excise complaint case.
What conditions, if any, should be imposed for the release of the petitioner on bail.
Kundan Choudhary
The State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
