In a bail petition under the Bihar Prohibition and Excise Act, the High Court at Patna released the petitioner on bail. The court noted that the illicit liquor was recovered from an open place and not from the petitioner's possession, and observed clean antecedents.
Released on bail bonds of Rs. 20,000 with two sureties upon furnishing the condition bonds.
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.1979 of 2022
Arising Out of PS. Case No.-471 Year-2021 Thana- MAJHAULIA District- West Champaran
======================================================
Mohan Sahni Son of Tilak Sahni Resident of Village - Ward no. 5, Noniya Tola, P.S.- Pahadpur, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Kumar Gupta, Advocate For the Opposite Party/s : Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER
2 21-06-2022
Let the defects, if any, be removed within four weeks from today.
Heard Mr. Umesh Kumar Gupta, learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
Petitioner seeks bail in a case registered in connection with Majhauliya P.S.Case No. 471 of 2021 for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.
As per the prosecution case, it is alleged that on secret information, police party raided Joakatiya village and seized a truck. On search being made
Patna High Court CR. MISC. No.1979 of 2022(2) dt.21-06-2022 2/4
altogether 1400 liters illicit liquor and 42.5 quintal rice were recovered from the truck.
It is submitted by the learned counsel for the petitioner that petitioner was][\ not arrested with the alleged liquor rather the same has been recovered from open place which does not belong to the petitioner. Petitioner is man of clean antecedent and during the course of investigation, no material has come which suggest the complicity of the petitioner in the present crime. It is lastly submitted that this petitioner is in custody since 16.09.2021 though, the investigation is concluded and the charge sheet has been submitted.
On the other hand, learned counsel for the State opposed the bail application of the petitioner and submits that petitioner is found to be involved in the present crime wherein huge quantity of consignment were recovered from the truck.
Having heard the rival contentions of the parties and taking into consideration the fact that recovery of the illicit liquor has not been recovered
Patna High Court CR. MISC. No.1979 of 2022(2) dt.21-06-2022 3/4
from persons or possession of this petitioner and the aforesaid truck in question does not belong to the petitioner. Moreover, petitioner is in custody since 16.09.2021 though, investigation has already been concluded and the charge sheet has been submitted, apart from the fact that petitioner has clean antecedent , let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bettiah, West Champaran in connection with Majhauliya P.S.Case No. 471 of 2021.
(i) one of the bailors will be the close relatives of the petitioner.
(ii) The petitioner will cooperate in conclusion of the trial.
(iii) He will remain present on each and every date of trial till disposal of the case.
(iv) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial.
Patna High Court CR. MISC. No.1979 of 2022(2) dt.21-06-2022 4/4
(v) In the event of default of two consecutive
dates without any cogent reason, his bail bonds will
liable to be cancelled.
(Harish Kumar, J)
N.K/-
U
2 issues framed by the court
Whether bail should be granted to the petitioner who has been in custody since 16.09.2021 with a concluded investigation in a liquor-related offence where the seized contraband was not recovered from
Whether the petitioner's clean antecedents and lack of direct involvement in the recovery justify release on bail.
1 provisions across 1 enactments
Mohan Sahni
The State of Bihar
HARISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
