Single judge allowed regular bail to the petitioner, a charged under sections 272, 273 IPC and section 30 of Bihar Prohibition Act, after reviewing clean antecedents and filing of charge sheet.
Bail granted on furnishing bonds of Rs.50,000 plus two sureties of similar amount and complying with Section 437(3) CrPC conditions.
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.23256 of 2022
Arising Out of PS. Case No.-291 Year-2021 Thana- JANDAHA District- Vaishali
======================================================
Chhotu Sahni Son of Late Sitaram Sahni Resident of Village - Sonpur Minapur Chowk, Doliya Sendy, P.S.- Sonpur, Distt.- Saran.
... ... Petitioner
Versus
The State Of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr. Anuj Kumar, Advocate. For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP. ======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER
2 07-07-2022 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
The petitioner seeks regular bail in connection with Jandaha P.S. Case No. 291 of 2021 lodged under Sections 414, 272, 273 of Indian Penal Code read with Section 30(a) of Bihar Prohibition and Excise Act, 2018.
As per the F.I.R., the total recovery of 300 liters illegal wine was alleged to be recovered from a tempo. It has been alleged that the petitioner is innocent, petitioner is in custody since 11.12.2021. It has been submitted on behalf of petitioner that charge sheet has already been filed and petitioner has clean antecedent.
Learned counsel for the State opposes the prayer for
bail.
Patna High Court CR. MISC. No.23256 of 2022(2) dt.07-07-2022 2/2
In the present facts and circumstances of this case that petitioner is in custody since 11.12.2021 and petitioner has clean antecedent, charge sheet has already been filed, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. I -cum- Additional District and Sessions Judge, Vaishali at Hajipur in connection with Jandaha P.S. Case No. 291 of 2021, subject to the conditions as laid down under Section 437(3) of the Cr.P.C.
Accordingly, the bail application stands allowed.
(Dr. Anshuman, J)
ritik/-
U T
1 issue framed by the court
Whether regular bail should be granted to the petitioner who is in custody with clean antecedents after the charge sheet is filed.
1 provisions across 1 enactments
Chhotu Sahni
The State Of Bihar
Anshuman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
