Allowed

Saheb Raut v. The State of Bihar

Patna HC28 Jul 2022CR. MISC./22589/2022

Case brief

AI extract

What is this about?

In a bail petition, the High Court of Patna granted release to the petitioner, who was in custody, in connection with liquor procurement offences. The court considered the petitioner's clean antecedents and non-apprehension on the spot before granting bail subject to conditions.

What did the court decide?

Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties, subject to conditions to co-operate in trial and not tamper with evidence.

Saheb Raut Vs The State of Bihar — Corruption | Patna HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22589 of 2022

¶2

Arising Out of PS. Case No.-243 Year-2021 Thana- PIPRAHI District- Sheohar

¶3

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

¶4

SAHEB RAUT S/o Kodai Raut R/o village- Hariharpur Dekuli Dharampur, P.S.- Piprahi, District- Sheohar.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

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

¶10

2 28-07-2022

¶11

Let the defect(s), as pointed out by the office, be

¶12

removed within a period of four weeks from today.

¶13

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

¶14

The petitioner seeks bail in connection with Piprahi P.S. Case No. 243/2021 registered for the offences punishable under Sections 30(a), 30(b) and 30 (c) of the Bihar Prohibition and Excise Act, 2016.

¶15

As per prosecution case, there is alleged recovery of total 60 liters country made liquor as well as 270 liters semi formed country made liquor from the house of the petitioner. Petitioner and others fled away from the place of occurrence.

¶16

Learned counsel for the petitioner submits that

¶17

Patna High Court CR. MISC. No.22589 of 2022(2) dt.28-07-2022 2/3

¶18

petitioner is innocent and has falsely been implicated in this case. Petitioner was not apprehended on the spot and nothing has been recovered from the conscious possession of the petitioner. He further submits that seizure list has not been made as per law. The petitioner is languishing in custody since 18.01.2022 and bears no criminal antecedent. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence. The co-accused, Putul Devi has been granted bail by the co-ordinate Bench of this Court vide Cr. Misc. No.10963/2022.

¶19

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

¶20

Considering the facts and circumstances of the case as well as period of custody, petitioner was not apprehended on the spot, charge sheet has already been submitted and keeping in view clean antecedent of petitioner 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 2^nd Additional Sessions Judge cum Special Judge, Excise, Sheohar in connection with Piprahi P.S. Case No. 243/2021, subject to

¶21

Patna High Court CR. MISC. No.22589 of 2022(2) dt.28-07-2022 3/3

¶22

following conditions:-

¶23

(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

¶24

(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.

¶25

(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.

¶26

(Alok Kumar Pandey, J)

¶27

amitkumar/-

¶28

U T

Saheb Raut v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Saheb Raut 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

Parties & counsel

Coram

Case details

Similar cases

Afaque Alam @ Afakar Vs the State of Bihar

Anarjeet Kumar @ Anarjeet Paswan @ Amarjeet Kumar Vs The State of Bihar

Sumit Kumar Mahton Vs the State of Bihar

Haji Saleem @ Saleem Ahmad Vs The State of Bihar

Mintu Yadav @ Mantu Yadav @ Mantu Kumar Vs The State of Bihar

Rajesh Kumar @ Rajesh Chaudhary Vs The State of Bihar