This court granted regular bail to the petitioner in an excise offence case, noting the accusation stemmed from a co-accused's confession and the petitioner was not named in the FIR. The bail order includes conditions for appearing at trial.
Release on regular bail with bond of Rs. 25,000 and two sureties of the 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.21564 of 2022
Arising Out of PS. Case No.-529 Year-2020 Thana- SAKRA District- Muzaffarpur
======================================================
SONU CHAURASIA S/o Shiv Kumar Bhagat R/o village- Sarmastpur, P.S.Sakra, District- Muzaffapur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Hari Kishore Thakur For the Opposite Party/s : Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 27-04-2022 Heard the parties.
Petitioner seeks regular bail in connection with Sakra
PS Case No. 529 / 2020 registered under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
This is 2nd attempt for grant of regular bail on behalf of the petitioner inasmuch as earlier the bail application of the petitioner was dismissed as withdrawn vide Cr. Misc. No. 37898 / 2021 with liberty to the petitioner to renew his prayer for bail after three months.
Allegation in nutshell is that 614.520 liters of foreign liquor was recovered from the house of Sajjan Mishra and Nitish Kumar, who disclosed the name of other accused persons as their associates including one Bablu Mishra @ Ranjeet and they have been made named accused in the FIR. The name of
Patna High Court CR. MISC. No.21564 of 2022(2) dt.27-04-2022 2/3
the petitioner has transpired on the basis of confessional statement of named co-accused / Bablu Mishra @ Ranjeet.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case on the basis of confessional statement of the co-accused / Bablu Mishra @ Ranjeet and he is not named in the FIR. He next submits that no illicit liquor has been recovered from the conscious possession and / or premises belonging to the petitioner and the petitioner is in custody since 01/03/2021, charge sheet has already been submitted and there is no likelihood that petitioner will abscond or tamper with the evidence if released on bail.
Regard being had to the submissions made by the parties, taking into consideration the fact that petitioner has been made accused on the basis of confessional statement of the coaccused, he is in custody since 01-03-2021 , charge sheet has already been submitted and this is 2nd attempt for bail on behalf of the petitioner, as such, I am inclined to grant regular bail to the petitioner.
Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25000 /- ( twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No.-1,
Patna High Court CR. MISC. No.21564 of 2022(2) dt.27-04-2022 3/3
Muzaffarpur in connection with Sakra PS Case No. 529 of 2020 on the following condition:-
(a) that the petitioner shall remain present on
each and every date during the trial and in case of default on two consecutive dates on the part of the petitioner, his bail bond shall liable to be cancelled.
(Anil Kumar Sinha, J)
praful/-
U T
2 issues framed by the court
Whether to grant regular bail to the petitioner who was falsely implicated based on a co-accused's confession?
Whether the petitioner's custody since 01/03/2021 and lack of absconding likelihood warrant bail release?
1 provisions across 1 enactments
SONU CHAURASIA
The State of Bihar
ANIL KUMAR SINHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
