The Patna High Court granted regular bail to the petitioner in a case under the Bihar Prohibition and Excise Act, 2016. The court noted the petitioner was not arrested on the spot during the raid and had no criminal antecedents.
Directing the petitioner to be enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties of 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.14258 of 2022
Arising Out of PS. Case No.-71 Year-2021 Thana- GOPALPUR District- Patna
======================================================
BINOD RAI @ BINOD KUMAR Son of Sri Nagina Rai Resident of Village - Kanouji, P.S. - Gopalpur, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Abhimanyu Deo, Advocate For the Opposite Party/s : Ms. Veena Kumari Jaiswal, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
2 15-04-2022
Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.
As per the prosecution case, on raid being conducted it is stated that the four accused persons managed to escape and 95 litres of liquor was recovered. Petitioner was identified amongst the accused who had escaped.
It is submitted by learned counsel for the petitioner that neither the petitioner was arrested on the spot nor any incriminating article has been recovered from his possession. He has been falsely implicated in the case. The petitioner is in custody since 28.1.2022 and has no criminal antecedent.
Patna High Court CR. MISC. No.14258 of 2022(2) dt.15-04-2022 2/2
Heard learned APP for the State.
Having heard learned counsel for the parties and
taking into consideration the facts of the case, the petitioner not having been arrested at the spot and not having any criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Gopalpur P.S. Case no. 71 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Patna.
(Partha Sarthy, J)
Spd/-
U T
2 issues framed by the court
Whether the petitioner be granted regular bail in a case under section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Whether the fact that the petitioner was not arrested on spot and has no criminal antecedent warrants bail.
1 provisions across 1 enactments
Binod Rai @ Binod Kumar
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
