The Patna High Court granted regular bail to the petitioner in a case under sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act, 2016, subject to conditions including a bail bond and resident surety.
Enlargement on bail in connection with Buxar Town P.S. Case no. 59 of 2022 on furnishing bail bond with conditions.
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.17184 of 2022
Arising Out of PS. Case No.-59 Year-2022 Thana- BUXAR District- Buxar
======================================================
ANISH VERMA S/o Sakhichandra Verma Resident of- Barachaur, P.S.Karimuddinpur, District- Gajipur (U.P.), At present Resident of- Kharirabari, District- Ghazipur, Uttar Pradesh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Mohit Shriwastava, Adv. For the Opposite Party/s : Mr. Dashrath Mehta, 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 30(c) of the Bihar Prohibition and Excise Act, 2016.
As per the prosecution case, accused Tuntun Gupta @ Priyanshu Gupta was taken into custody and on search a beer containing 500 ML as also large quantity of homeopathic medicine for diluting the same was recovered from the cartoon. It is stated that the same is used in place of alcohol for consumption as also sale. No document was produced. On disclosure by the accused Priyanshu Gupta the petitioner was taken into custody from whose possession a mobile phone was recovered. It is further stated that the petitioner and Priyanshu
Patna High Court CR. MISC. No.17184 of 2022(2) dt.22-04-2022 2/3
Gupta disclosed that they sell homeopathic medicine at higher rates to Jhuna Pathak.
It is submitted by learned counsel for the petitioner that from the contents of the FIR as also the order of the learned Court below rejecting the application for bail of the petitioner, no incriminating article has been recovered from the petitioner's possession. The name of the petitioner transpired in the confessional statement of coaccused Tuntun Gupta @ Priyanshu Gupta made before the police. The petitioner is in custody since 1.2.2022 and has no criminal antecedent. He undertakes to cooperate in the trial.
The application for bail is opposed by learned A.P.P. for the State who submits that the petitioner is resident of outside the State of Bihar.
Having heard learned counsel for the parties and taking into consideration the facts of the case together with the nature of allegation and petitioner not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Buxar Town P.S. Case no. 59 of 2022 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 Excise Special Judge 1st Buxar on the following conditions:
Patna High Court CR. MISC. No.17184 of 2022(2) dt.22-04-2022 3/3
relative of the petitioner.
(Partha Sarthy, J)
Bibhash/-
U
1 issue framed by the court
Whether the petitioner should be granted regular bail in a case related to Bihar Prohibition and Excise Act offences.
1 provisions across 1 enactments
Anish Verma
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
