Allowed

Takhat Singh v. The State of Bihar

Patna HC26 Jul 2022CR. MISC./21629/2022

Case brief

AI extract

What is this about?

In Criminal Misc. No.21629 of 2022 a single judge of the Patna High Court allowed bail to a driver accused of transporting foreign liquor under excise and IPC sections. The court noted the petitioner's clean antecedents, the filing of the charge sheet, and the absence of evidence tampering risk, directing release against the consent of sureties with specific reporting conditions.

What did the court decide?

Release of the petitioner on bail by furnishing a bond of Rs. 10,000/- with two sureties of the like amount to the satisfaction of the Exclusive Excise Judge-1, Begusarai.

Takhat Singh Vs The State of Bihar — Cheque Dishonour | Patna HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21629 of 2022

¶2

Arising Out of PS. Case No.-32 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai

¶3

======================================================

¶4

Takhat Singh S/O Narayan Singh @ Gemar Singh Thani R/O Village- Khara (sathaudan), P.S.- Ramsar, District- Barmer (rajashthan)

¶5

... ... Petitioner/S

¶6

Versus

¶7

The State of Bihar Bihar

¶8

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Binod Kumar For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

¶9

2 26-07-2022

¶10

Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today.

¶11

Heard learned counsel for the petitioner and learned A.P.P. for the State.

¶12

The petitioner seeks bail in connection with Muffasil P.S. Case No. 32 of 2022 registered for the offences punishable under Sections 290, 120(B) of the Indian Penal Code and Sections 30(a), 36, 41(1) of the Bihar Prohibition and Excise Act.

¶13

As per prosecution case, there is alleged recovery of 1747.30 litre Indian made foreign liquor from truck in question. Petitioner is alleged to be the driver of the truck in question and he was apprehended on spot.

¶14

Patna High Court CR. MISC. No.21629 of 2022(2) dt.26-07-2022 2/3

¶15

Learned counsel for the petitioner submits that petitioner is in custody since 21.01.2022 and bears no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel for the petitioner further submits that there is no recovery of liquor from possession of the petitioner and there is no compliance of Section 100 of CrPC in preparation of alleged seizure list.

¶16

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

¶17

Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence and also taking into consideration the material available on record, let the petitioner above named be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Judge-1, Begusarai in connection with Muffasil P.S. Case No. 32 of 2022, subject to following conditions:-

¶18

(i) One of the bailors shall be either father or

¶19

Patna High Court CR. MISC. No.21629 of 2022(2) dt.26-07-2022 3/3

¶20

mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

¶21

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.

¶22

(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

¶23

(Alok Kumar Pandey, J)

¶24

sanjeev/-

¶25

U T

Takhat Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Takhat Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ravish Kumar Vs the State of Bihar

Sabir Malik Vs the State of Bihar

Ravindar Kumar Sah Vs The State of Bihar

Raj Krishna @ Pintu Vs The State of Bihar through Vigilance

Nikhil Kumar @ Nikhil Singh Vs The State of Bihar

Dhanjee Paswan Vs The State of Bihar