The High Court granted bail to the petitioner in a case involving illicit liquor and cheating. The court directed release on a bail bond of Rs.20,000 with sureties by two close relatives, subject to standard conditions including presence on fixed dates.
Release on bail by furnishing a bond of Rs.20,000 with sureties by two close relatives.
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.32098 of 2022
Arising Out of PS. Case No.-52 Year-2022 Thana- MANIYARI District- Muzaffarpur
======================================================
Ramesh Kumar, Son Of Palu Ray, R/O Village- Ward No.-7, Mahua Singh Sarai, P.S.- Mahua, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Amresh Kumar Sinha, Advocate For the Opposite Party/s : Mrs.Renu Kumari, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
5 09-09-2022
Heard learned counsel for the petitioner and learned
A.P.P. for the State through video conferencing.
Let the defect(s), if any, as pointed out by the office be removed within four weeks from the date of resumption of physical filing and physical removal of defect.
In the present case, the petitioner seeks bail in connection with Maniyari P.S. Case No. 52 of 2022, registered for the alleged offences under Sections 420, 467, 468, 471, 120 (B), 34 of the Indian Penal Code and Sections 30 (a), 36, 41 (1) of the Bihar Prohibition and Excise Act.
As per prosecution case, recovery of 1912.250 litres of India made foreign liquor was made from a truck and the coaccused persons were intercepted. The co-accused named this petitioner who was to receive the consignment along with the
Patna High Court CR. MISC. No.32098 of 2022(5) dt.09-09-2022 2/3
other co-accused persons.
Learned counsel for the petitioner submits that the petitioner has not been apprehended from the spot and nothing incriminating has been recovered from his conscious possession. The recovery has been shown from a truck which does not belong to this petitioner. The charge sheet has been submitted and the petitioner is in custody since 07.03.2022 and is having clean antecedent.
Learned A.P.P. opposes the prayer for bail submitting that the petitioner appears to be a person dealing with illicit liquor.
Having regard to the submissions made hereinabove and considering the fact that the petitioner was not apprehended from the spot and no recovery has been shown from him and further considering the submission of charge sheet and the period of custody of the petitioner along with his clean antecedent, he is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No. II, Muzaffarpur, in connection with Maniyari P.S. Case No. 52 of 2022, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure
Patna High Court CR. MISC. No.32098 of 2022(5) dt.09-09-2022 3/3
and also the following conditions :
(i) One of the bailors will be a close relative
of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to
be cancelled by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
1 issue framed by the court
Whether the petitioner is eligible for bail in connection with offences under sections 420, 467, 468, 471, 120 (B), 34 of IPC and sections 30 (a), 36, 41 (1) of Bihar Prohibition and Excise Act.
1 provisions across 1 enactments
Ramesh Kumar
The State of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
