Single judge of the Patna High Court granted regular bail to the petitioner in a case under the Bihar Prohibition and Excise Act, 2016. Bail was conditioned on furnishing bonds and surrendering closely related guarantors.
Petitioner granted bail by furnishing bonds of Rs.30,000 with two sureties and complying with Section 437(3) Cr.P.C.
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.35324 of 2022
Arising Out of PS. Case No.-536 Year-2021 Thana- GOPALPUR District- Bhagalpur
======================================================
Bipin Mandal Son of Chako Mandal R/o Village- Gyanidas Tola Tintanga, P.S.- Rangra And District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Madan Mohan, Adv. For the Opposite Party/s : Mr. Nawal Kishore Prasad ======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER
2 29-08-2022
Let the defect, if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Gopalpur (Rangra) P.S. Case No. 536 of 2021 lodged under Sections 30(a)(b)(c) of Bihar Prohibition and Excise Act, 2016.
As per the prosecution case, total recovery of 20 litres and 1100 litres half prepared desi wine has been destroyed.
Learned counsel for the petitioner submits that the petitioner is apprehended from the place of occurrence and 5 litres of desi sharab has alleged to be made from his possession. He further submits that petitioner is in custody since 12.11.2021, charge sheet has already been filed in this case and having clean
Patna High Court CR. MISC. No.35324 of 2022(2) dt.29-08-2022 2/2
antecedent.
Learned counsel for the State opposes the prayer for
bail.
In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-1, Bhagalpur in connection with Gopalpur (Rangra) P.S. Case No. 536 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:
A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.
B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J)
sadique/-
U T
2 issues framed by the court
Whether the petitioner is entitled to regular bail in a prohibition case involving possession of desi wine.
Whether the conditions under Section 437(3) Cr.P.C. can be imposed while granting bail.
1 provisions across 1 enactments
Bipin Mandal
The State of Bihar
Dr. Anshuman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
