In an impartial oral order, the Patna High Court rejected an application for regular bail under the Bihar Prohibition and Excise Act, 2016.
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.13922 of 2022
Arising Out of PS. Case No.-19 Year-2022 Thana- JAMHOR District- Aurangabad
======================================================
SUBODH KUMAR SINGH @ SUBODH KUMAR Son of Dineshwar Singh @ Janeshwar Singh Resident of Village- Ukurhmi/ Kurmi, P.S.- Obra, District- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ujjawal Kumar Singh, Adv. For the Opposite Party/s : Dr. Ajeet Kumar, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
2 22-04-2022 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 30(a) and 37(b)(c) of the Bihar Prohibition and Excise Act, 2016.
As per the prosecution case, 19.515 litres of IMFL was recovered from the tempo wherein the petitioner was one of the occupants.
It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case because of his antecedent. He has no concern either with the seized liquor nor with the tempo in question. He was merely a passenger in a commercial vehicle. He is in custody since 27.1.2022 and investigation in the case has been completed.
Patna High Court CR. MISC. No.13922 of 2022(2) dt.22-04-2022 2/2
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking
into consideration the antecedent of the petitioner under Bihar Prohibition and Excise Act, 2016 together with the recovery of liquor from the tempo wherein the petitioner was also one of the occupants, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
Liberty is granted to the petitioner to renew his prayer
for bail on completing one year in custody.
(Partha Sarthy, J)
Bibhash/-
U
1 issue framed by the court
Whether the petitioner should be granted bail pending completion of the investigation.
Subodh Kumar Singh
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
