Single judge oral order granting bail to the petitioner in an illegal liquor case after finding recovery from an open place rather than his possession and noting clean antecedents and filed chargesheet.
Directed to be released on bail by furnishing a bond of Rs.10,000 with two sureties of similar amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32908 of 2022
Arising Out of PS. Case No.-845 Year-2020 Thana- KUDHNI District- Muzaffarpur
====================================================== VIKASH KUMAR S/o Shankar Rai Resident of Vill.-Bhawanipur, P.S.Kudhani (O.P.-Turkey), Distt.-Muzaffarpur.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Mukesh Kumar,Advocate For the Opposite Party/s : Mr.Binod Kumar,APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
2 12-08-2022
Heard learned counsel appearing on behalf of the
petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Kudhani (O.P.-Turkey) P.S. Case No. 845 of 2020 registered for the offence under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 38(i) and 41(i) of the Bihar Prohibition and Excise Act, 2018.
The accused/petitioner is named in the F.I.R. and is in custody since 24.11.2021
The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 50 litres of IMFL/country made liquor.
Patna High Court CR. MISC. No.32908 of 2022(2) dt.12-08-2022 2/2
Learned counsel appearing on behalf of the petitioner submitted that recovery is made from open place. It is submitted that petitioner is a man of clean antecedent. It has further submitted that investigation is complete, where charge-sheet has been submitted.
Learned APP, opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, as the alleged recovery of illicit liquor has not been made from the conscious physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Kudhani (O.P.-Turkey) P.S. Case No. 845 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned court of Spl. Judge (Excise), Court No.II, Muzaffarpur/concerned court, subject to the conditions as mentioned under Section 437(3) of Cr.P.C.
(Chandra Shekhar Jha, J)
R.S.Sen/Ravishankar
U T
1 issue framed by the court
Whether the petitioner is eligible for bail in a case under Sections 272 and 273 of the Indian Penal Code and the Bihar Prohibition and Excise Act, 2018.
1 provisions across 1 enactments
Vikash Kumar
The State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
