Single judge allowed bail to the petitioner in a Bihar Prohibition and Excise Act case. The Court noted the petitioner was not arrested at the spot and directed him to furnish a bail bond with sureties.
Petitioner enlarged on bail on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each.
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.15611 of 2022
Arising Out of PS. Case No.-222 Year-2020 Thana- MOHAMMADPUR District- Gopalganj
======================================================
VIJAY RAI @ VIJAY KUMAR @ PRASHANT KUMAR SON OF LATE VIDYA RAI RESIDENT OF VILL- GHOGHARAHA, P.SMOHAMMADPUR, DIST- GOPALGANJ.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Radha Mohan Singh, Advocate For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
2 12-04-2022 Heard learned counsel for the parties.
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 search being conducted 2200 litres of spirit was recovered. However, the accused persons managed to escape. The petitioner was identified amongst the accused who had escaped.
It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. The cause of his false implication is his antecedents. He is in custody since 16.2.2022.
Patna High Court CR. MISC. No.15611 of 2022(2) dt.12-04-2022 2/2
A supplementary affidavit has been filed bringing on record a copy of the invitation card to show that the marriage of the sister of the petitioner has been fixed for 14.4.2022.
Heard learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts of the case specially the petitioner not having been arrested at the spot, the Court directs the petitioner to be enlarged on bail in connection with Mohammadpur P.S. Case no. 222 of 2020 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 Additional District and Sessions Judge-II-cum-Special Excise Court no. 1, Gopalganj.
(Partha Sarthy, J)
Prakash/-
U
2 issues framed by the court
Whether the petitioner should be enlarged on bail in proceedings under the Bihar Prohibition and Excise Act, 2016 considering he was not arrested at the spot.
What bail conditions and surety requirements must the petitioner fulfill to be released.
1 provisions across 1 enactments
Vijay Rai @ Vijay Kumar @ Prashant Kumar
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
