High Court permitted a bail application in a BIPEAC case involving intoxication and nuisance, directing release on Rs. 20,000 bond with conditions over criminal antecedent verification.
Bail granted on furnishing bond of Rs. 20,000 with two sureties of similar amount; subject to conditions regarding trial attendance and antecedent verification.
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.2013 of 2022
Arising Out of PS. Case No.-48 Year-2021 Thana- ISHIPUR District- Bhagalpur
======================================================
Sonu Pandey S/o Late Uday Pandey R/o village- Kamalchak, P.S.- Ishipur Barahat, District- Bhagalpur
... ... 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. Shaheen Begum, APP. ======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER
2 22-06-2022
Learned counsel for the petitioner is permitted to
remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.
Heard Mr. Radha Mohan Singh, learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
The application for grant of bail to the petitioner, above named, who has been made accused and put behind the bar in connection with Ishipur Barahat P. S. Case No. 48 of 2021 registered for the offences punishable under Sections 37(b) (c) of the Bihar Prohibition and Excise Act.
As per the prosecution case, it is alleged that on 13.11.2021, the Police apprehended this petitioner, who was making nuisance and found intoxicated. It is further alleged that
Patna High Court CR. MISC. No.2013 of 2022(2) dt.22-06-2022 2/4
he was taken to custody by the Police and when he was examined by the Breath Analyzer Machine, the content of alcohol level was found to be 144.2 Mg/100ML.
Learned counsel appearing on behalf of the petitioner submitted that on the alleged date of occurrence, the petitioner was going for his nature call and on account of some trifling matter some altercation has taken place between the police and he was arrested only on the ground of having some criminal antecedent. It is further submitted that the petitioner is in custody since 13.11.2021 and he has already been punished appropriately. It is also submitted that the cases, which have been mentioned in paragraph no. 3 of the application are of mostly old cases in which the petitioner is on bail. It is next submitted that the investigation of the present crime has already been concluded and the charge-sheet has been submitted.
On the other hand, learned APP for the State opposes the bail application and submits that the petitioner having criminal antecedent.
Having considered the submissions made on behalf of the parties and taking into account the fact that only the allegation of the petitioner was found intoxicated, there is no other material and as such and he is in custody since 13.11.2021,
Patna High Court CR. MISC. No.2013 of 2022(2) dt.22-06-2022 3/4
let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II-cum-Special Judge, (Excise Act), Bhagalpur in connection with Ishipur Barahat P. S. Case No. 48 of 2021, subject to the condition that one of the bailors will be the close relative of the petitioner with further conditions which are as follows:-
Patna High Court CR. MISC. No.2013 of 2022(2) dt.22-06-2022 4/4
take step for cancelling of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Harish Kumar, J)
shakir/-
U T
1 issue framed by the court
Whether the petitioner be granted bail in proceedings under Section 37(b) (c) of the Bihar Prohibition and Excise Act.
Sonu Pandey
The State of Bihar
Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
