The High Court granted bail to the petitioner in a prohibition case, allowing release after the framing of charges subject to furnishing a bond and two sureties, while directing removal of record defects within four weeks.
The petitioner was released on bail after the framing of charges by furnishing a bail bond of Rs. 10,000 with two sureties.
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.40522 of 2022
Arising Out of PS. Case No.-17 Year-2022 Thana- BANDEYA District- Aurangabad
======================================================
CHITRANJAN @ NANHE YADAV Son of Late Shivnath Yadav Resident of village- Khempur, P.S- Bandeya, District- Aurangabad (Bihar )
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Leelawati Kumari For the Opposite Party/s : Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
4 23-09-2022
Let the defect(s), as pointed out by the office, be
removed within a period of four weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State in virtual court proceeding.
The petitioner seeks bail in connection with Bandeya P.S. Case No. 17 of 2022 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
As per prosecution case, there is alleged recovery of 50 litre country made mahua chulai wine from the sacks and local chowkidar disclosed the name of petitioner and other who fled away from the place of occurrence.
Learned counsel for the petitioner submits that petitioner is in custody since 30.06.2022. Petitioner bears
Patna High Court CR. MISC. No.40522 of 2022(4) dt.23-09-2022 2/3
criminal antecedent of one case of similar nature. He further submits that petitioner is not apprehended on spot. Petitioner has been falsely implicated in the case. Basically nothing is recovered from his possession.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody, petitioner is not apprehended on spot and argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail, after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judgecum-Special Judge, Excise, II Aurangabad in connection with Bandeya P.S. Case No. 17 of 2022, subject to following conditions:-
(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive
Patna High Court CR. MISC. No.40522 of 2022(4) dt.23-09-2022 3/3
dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J)
alok/-
U T
1 issue framed by the court
Whether the petitioner is eligible for bail after the framing of charges in a case involving the Bihar Prohibition and Excise Amendment Act, 2018.
1 provisions across 1 enactments
Chitranjan @ Nanhe Yadav
The State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
