The High Court granted bail to the petitioner in a case regarding illicit liquor trafficking, directing release upon furnishing bonds and sureties with specific conditions.
Petitioner released on bail via Exclusive Special Excise Court No.-1 Vaishali, bond Rs. 20,000 with two sureties, subject to appearance conditions.
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.39905 of 2022
Arising Out of PS. Case No.-199 Year-2021 Thana- BHAGWANPUR District- Vaishali
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Pappu Das @ Pappu Kumar Das, Son of Sant Das @ Satnarayan Das Resident of Village - Sorhattha (Sadhopur Jiwan), P.S.- Vaishali (Belsar O.P.), District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ranjit Kumar Thakur, Advocate For the Opposite Party/s : Mrs.Gulnar Begum, APP
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
3 22-11-2022
Heard learned counsel for the petitioner and learned APP for the State.
Let the defect (s), as pointed out by the office, be removed within a period of four weeks.
In the present case, the petitioner seeks bail in connection with Bhagwanpur P.S. Case No. 199 of 2021 registered for the alleged offences under Sections 467, 468, 471, 120(B), 272 and 273 of the Indian Penal Code and Sections 30(a), 36 and 41(i) of the Bihar Prohibition and Excise Act.
As per prosecution case, police received secret information about unloading of illicit liquor from a truck to smaller vehicles and a raid was conducted and a truck and Bolero vehicle were seized. From the truck, total 1572 litres of
Patna High Court CR. MISC. No.39905 of 2022(3) dt.22-11-2022 2/3
India made foreign liquor and from the Bolero vehicle, 983 litres of India made foreign liquor were recovered. Miscreants fled away from the spot and the police came to know that the petitioner and other co-accused persons were to receive this consignment of illicit liquor.
The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case as he was neither apprehended from the spot nor anything incriminating has been recovered from his possession. The petitioner is neither the owner of the vehicles nor he has anything to do with the recovery made from these two vehicles. The police has very conveniently named the petitioner in the case without having any material to implicate them. Chargesheet has been submitted in this case and the petitioner is in custody since 22.06.2022.
Learned APP opposes the prayer for bail.
Having regard to the submissions made hereinabove and considering the fact that no recovery has been shown from the petitioner and nothing came up on record in a substantive manner to show the connection of the petitioner with the alleged recovery and further considering the submission of charge-sheet and his period of custody, the
Patna High Court CR. MISC. No.39905 of 2022(3) dt.22-11-2022 3/3
petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Court of Exclusive Special Excise Court No.-1-cumAdditional District and Sessions Judge, Vaishali at Hajipur, in connection with Bhagwanpur P.S. Case No. 199 of 2021, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure 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 bonds of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail in proceedings for alleged offences of manufacturing and selling illicit liquor.
Whether the fact that no incriminating material was recovered from the petitioner justifies his release after custody.
1 provisions across 1 enactments
Pappu Das @ Pappu Kumar Das
The State of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
