Bench allowed bail application of two accused under Bihar Prohibition and Excise Act regarding recovery of country-made liquor, considering lack of criminal antecedents and submission of charge sheet.
Petitioners released on bail by furnishing bond of Rs. 10,000 each with two sureties of like amount subject to prescribed conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24160 of 2022
Arising Out of PS. Case No.-4 Year-2022 Thana- SIMRA District- Aurangabad
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh.1, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 06-08-2022
Let the defect(s), if any, as pointed out by the office be removed within four weeks.
The petitioners are an accused in connection with Simra P.S. Case No. 04 of 2022 under Sections 30(a) of the Bihar Prohibition and Excise Act (Amendment) Act, 2018.
The allegation in the FIR is that the police intercepted a motorcycle having plastic bag from which 51 liters of countrymade liquor was recovered/seized. Accordingly, the FIR was lodged and the petitioners came into judicial custody.
Learned counsel for the petitioners submits that for
Patna High Court CR. MISC. No.24160 of 2022(2) dt.06-08-2022 2/3
the said alleged act, they have already suffered by being in jail since 14.02.2022 (as stated in paragraph-1 of the bail application), they have no criminal and as such, they deserves bail.
Taking into account the aforesaid facts that the petitioners have no criminal antecedent, are in jail since 14.02.2022 and the charge sheet stands submitted, this court is inclined to grant them the privilege of bail.
Let the petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of like amount each to the satisfaction of Special Judge, Excise1st, Aurangabad (Bihar) in connection with Simra P.S. Case No. 150 of 2022, subject to the following conditions.
(i) one of the bailor should be the family member of the petitioners, who shall provide official document to show his/her bona fide ;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail their cancellation of bail by the Trial Court itself;
(iii) they shall shall appear before the concerned police station every fortnight for next six months to mark his
Patna High Court CR. MISC. No.24160 of 2022(2) dt.06-08-2022 3/3
presence;
(iv) the petitioners shall desist from committing any
criminal offence again failing which the State shall be at liberty to take steps for cancellation of their bail bonds.
With the aforesaid observations, the bail application is
allowed.
(Rajiv Roy, J)
Jagdish/-
U T
1 issue framed by the court
Whether the petitioners, who have no criminal antecedents and are accused under the Bihar Prohibition and Excise Act for recovering country-made liquor, should be granted bail.
1 provisions across 1 enactments
Chandan Paswan @ Chandan Kumar
Nagendra Singh
The State of Bihar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
