Dishonouring liquor smuggling case where the High Court dismissed the petitioner's bail application citing prior criminal antecedents, the speculative nature of charges taking his name, and lack of near-term trial conclusion.
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.38683 of 2021
Arising Out of PS. Case No.-309 Year-2017 Thana- LALGANJ District- Vaishali
======================================================
Sanjiv Kumar Rai @ Sanjiv Kumar, Male, aged about- 34 years, Son of Jiya Lal Yadav @ Jiya Lal Rai Resident of Village - Mohammadpur, Police Station - Paroo, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ramchandra Singh, Advocate For the Opposite Party/s : Mr. Ajit Kumar, A.P.P. Mr. Vikash Kumar, SC-11 ======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER
17 16-11-2022
Heard Mr. Ramchandra Singh, learned counsel
appearing on behalf of the petitioner and Mr. Ajit Kumar, learned A.P.P. and Mr. Vikash Kumar, learned SC-11 for the State.
Patna High Court CR. MISC. No.38683 of 2021(17) dt.16-11-2022 2/7
his confessional statement who is in custody has stated that the liquor was to be delivered to the petitioner. It is further submitted that such confessional statement made in police custody has no evidentiary value and petitioner, who is innocent has been languishing in custody since 25.03.2021. Learned counsel for the petitioner informs this Court that in paragraph no. 3 of the main bail application and in supplementary affidavit he has given details of the 13 cases which are pending against the petitioner and in all those cases he is on bail. No progress has taken place in the trial. He further submitted that he undertakes to abide by any terms and conditions imposed by this Court if he is released on bail.
Patna High Court CR. MISC. No.38683 of 2021(17) dt.16-11-2022 3/7
the smuggling of liquor and in case, the petitioner, against whom prima facie a case of smuggling is made out will engage in smuggling as such it would not be proper to release the petitioner on bail.
Patna High Court CR. MISC. No.38683 of 2021(17) dt.16-11-2022 4/7
of the trial of all the cases mentioned in Para-3 of the bail application.
of the supplementary affidavit which is inter - alia as under:
“That it is further submitted that Petitioner has filed Income Tax Return of Assessment Year 2021-22 in his name Sanjeev Ranjan Kumar son of Sri Jiya Lal Yadav, Mohamadpur, Paroo S.O., Mohamadpur Paru, Muzaffarpur, 05-Bihar, 91-India, 843112.
It is further submitted that Petitioner is also known as Sanjeev Ranjan Kumar @ Sanjive Kumar Rai @ Sanjiv Kumar.”
“5. That is is further submitted that petitioner is accused in 13 cases as mentioned in paragraph no. 3 of the main bail petition and the stage of the aforesaid cases are mentioned below:-
(I) Paroo P.S. Case No. 224 of 2011 is pending for evidence before the Court of learned A.C.J.M.-3 Muzaffarpur West.
(II) Paroo P.S. Case No. 28 of 2012 (SC/ST Case) is pending for evidence before the Court of learned Special Judge (SC/ST), Muzaffarpur West.
(III) Paroo P.S. Case No. 49 of 2013 is pending for evidence before the Court of learned
Patna High Court CR. MISC. No.38683 of 2021(17) dt.16-11-2022 5/7
A.C.J.M.-3, Muzaffarpur West.
(IV) Paroo P.S. Case NO. 349 of 2014 is pending for evidence before the Court of learned A.C.J.M.-3, Muzaffarpur West.
(V) Paroo P.S. Case No. 163 of 2015 is pending for evidence before the Court of learned Special Court, Excise, Muzaffarpur West.
(VI) Paroo P.S. Case No. 197 of 2015 is pending for evidence before the Court of learned A.C.J.M.-3, Muzaffarpur West.
(VII) Paroo P.S. Case No. 198 of 2015 is pending before the Court of learned A.C.J.M.-3, Muzaffarpur West in which final form has been submitted by the Investigating Officer.
(VIII) Paroo P.S. Case No. 22 of 2018 is pending before the Court of learned A.C.J.M.-3, Muzaffarpur West, in which Charge Sheet has not submitted.
(IX) Paroo P.S. Case No. 209 of 2018 is pending before the Court of learned A.C.J.M.-3, Muzaffarpur West.
(X) Paroo P.S. Case No. 289 of 2018 (But wrongly typed as 269 of 2018) is pending before the Court of learned A.C.J.M.-3, Muzaffarpur West, in which charge sheet has not submitted.
(XI) Lalganj P.S. Case No. 20 of 2020 is pending before the Court of learned Special Judge, Excise, Vaishali at Hazipur.
(XII) Muzaffarpur Town P.S. Case No. 223 of 2020 is pending before the Court of learned Special Judge, Excise, Muzaffarpur West.
(XIII) Muzaffarpur Town P.S. Case No. 397 of 2020 is pending before the Court of learned Judicial Magistrate Cum Sub Judge-10, Muzaffarpur West in which Charge has been framed.”
the extent as required vide order dated 21.04.2022. There is no chance of the trial of the present case to be concluded in near
Patna High Court CR. MISC. No.38683 of 2021(17) dt.16-11-2022 6/7
future and the other co-accused persons named in the F.I.R. have already been released on bail. From the allegation made in the F.I.R., it appears that the driver of the truck has taken the name of the petitioner that the huge consignment of liquor was to be delivered to the petitioner. Petitioner has 13 criminal antecedents and it will not be in the interest of the society to release the petitioner on bail. However, the petitioner may renew his prayer for bail if the trial is not concluded within a period of 11 months from the date of this order.
Patna High Court CR. MISC. No.38683 of 2021(17) dt.16-11-2022 7/7
Kumar, learned SC-11, Registrar (List & Computer) is directed to place the records of the present case along with the records of the Criminal Miscellaneous No. 14308 of 2022 (Niraj Singh @ Niraj Kumar Singh vs. The State of Bihar).
(Purnendu Singh, J)
Niraj/-
U T
2 issues framed by the court
Whether the petitioner satisfies the requirements for bail given his criminal antecedents and the allegations of smuggling illicit liquor.
Whether the trial delay justifies a grant of bail considering the nature of the offence and the petitioner's prior record.
Sanjiv Kumar Rai @ Sanjiv Kumar
The State Of Bihar
Purnendu Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
