Single judge order granting bail to petitioner in liquor sale case. Petitioner claimed non-ownership/non-control of vehicle; bail bond fixed at Rs. 5,000 with two sureties.
Petitioner directed to be released on bail on furnishing bond of Rs. 5,000 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.15027 of 2022
Arising Out of PS. Case No.-357 Year-2021 Thana- LAUKAHA District- Madhubani
======================================================
Dharam Mandal S/O Vishnu Dev Mandal R/O Village- Khusiyalpatti, P.S.Khutauna, District- Madhubani
... ... Petitioner/S
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Shailendra Kumar Jha- Advocate For the Opposite Party/s : Mr. Binod Kumar No.3- A.P.P. ======================================================
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 Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Excise Act, 2018.
The learned counsel for the petitioner submits that the petitioner is in custody since 22.11.2021, charge-sheet has been submitted in this case and has antecedent of two cases.
Allegation is of recovery of 216 litre of liquor from a four wheeler.
The learned counsel for the petitioner submits that petitioner is neither the owner, nor the driver of the vehicle. He was mere a passer-by, who came to be implicated when search was being made.
Patna High Court CR. MISC. No.15027 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, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Laukaha P. S. Case No.357 of 2021.
The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
2 issues framed by the court
Whether the petitioner should be granted bail in a case involving offences under Sections 272, 273 of IPC and Section 30(a) of Excise Act, 2018.
Whether the petitioner's claim that he was a mere passer-by justifies release on bail.
2 provisions across 2 enactments
Dharam Mandal S/O Vishnu Dev Mandal
The State Of Bihar
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
