The High Court at Patna granted regular bail to a petitioner accused of possessing illicit liquor while driving, considering his lack of criminal antecedents and the delay in trial completion.
Petitioner to be released on regular bail on furnishing a bond of Rs. 10,000 with two sureties each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40426 of 2021
Arising Out of PS. Case No.-31 Year-2021 Thana- GOVINDPUR District- Nawada
======================================================
NANDE RAY S/O ISWAR RAY R/O VILLAGE-BARAHIYA NADIPAR, P.S-ATHMALGOLA, DISTRICT-PATNA
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Upendra Kumar For the Opposite Party/s : Mr. Nawal Kishore Prasad ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 27-01-2022
Heard learned counsel for the parties through video conferencing.
Petitioner seeks regular bail in connection with Gobindpur P.S. Case No. 31 / 2021 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
An Ambassador car which was being driven by the petitioner was intercepted by the Police and 60.95 liters of illicit English liquor has been recovered from the said car.
Learned counsel for the petitioner submits that petitioner is not the owner of the car in question and petitioner being driver was not aware about illicit liquor being kept therein. The petitioner has got no criminal antecedent, he is in custody since 8 / 2 / 2021 and charge sheet has already been
Patna High Court CR. MISC. No.40426 of 2021(2) dt.27-01-2022 2/2
submitted.
Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner is in custody since 8/2/2021 having no criminal antecedent, charge sheet has already been submitted and trial is not likely to be concluded in near future, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10000/(ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. IInd, Nawada in connection with Gobindpur P.S. Case No. 31 / 2021.
(Anil Kumar Sinha, J)
praful/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a case involving illicit liquor recovery.
1 provisions across 1 enactments
Nande Ray
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
