Petitioner sought bail for offences under Section 30(a) of the Excise Act, 2016. Court allowed bail, directing release on bonds with two sureties, noting petitioner was not arrested from the spot and charge-sheet was submitted.
Petitioner directed to be released on bail on furnishing bail-bond of Rs. 2,000/- with two sureties of like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15006 of 2022
Arising Out of PS. Case No.-379 Year-2017 Thana- CHAUSA District- Madhepura
======================================================
Karan Bhagat, Son Of Sri Sagar Bhagat R/O Village- Dhoviniya, P.S.Naugachia, District- Bhagalpur
... ... Petitioner/S
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jainandra Kumar For the Opposite Party/s : Ms. Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
2 08-04-2022
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case registered for the offences punishable under Section 30(a) of the Excise Act, 2016.
The learned counsel for the petitioner submits that the petitioner is in custody since 31.01.2022, charge-sheet has been submitted in this case and has antecedent of two cases.
Allegation is of recovery of 60 litre of liquor from the two gallons.
The learned counsel for the petitioner submits that petitioner has not been arrested from the spot and his name came in the confessional statement of co-accused Manoj Mandal, which has no evidentiary value.
Patna High Court CR. MISC. No.15006 of 2022(2) dt.08-04-2022 2/2
Learned A.P.P. opposes the bail application.
Considering the fact that the petitioner is in custody,
charge-sheet has been submitted in this case and was not arrested from the spot, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Excise Case No.1056 of 2018 arising out of Chausa P. S. Case No.379 of 2017.
The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
3 issues framed by the court
Whether the petitioner is entitled to bail in a case involving offences under Section 30(a) of the Excise Act, 2016.
Whether the petitioner should be released on bail considering he was not arrested from the spot and the charge-sheet has been submitted.
Whether the charge-sheet submission makes the petitioner eligible for bail despite two antecedents.
1 provisions across 1 enactments
Karan Bhagat
The State Of Bihar
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
