In a criminal miscellaneous petition for regular bail, the Patna High Court granted bail to petitioners accused of smuggling country-made liquor. They were released on furnishing a bond with two sureties, noting their lack of criminal antecedents.
Released on bail by furnishing a bond of Rs. 25,000 each with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41108 of 2021
Arising Out of PS. Case No.-89 Year-2021 Thana- MOHAMMADPUR District- Gopalganj
======================================================
... ... Petitioner/s
THE STATE OF BIHAR
Versus ... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Vikram Deo Singh, Adv. Mr. Arvind Kumar, Adv. For the Opposite Party/s : Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
the petitioners and Mr. Md. Ataur Rahman, Additional Public Prosecutor for the State through video conferencing.
Petitioners seek regular bail in connection with Mohammadpur PS Case No. 89/2021 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act 2018.
The police intercepted a car which was being driven by petitioner no.1 and petitioner no.2 was sitting in the car and the police recovered 221.40 litres of country made liquor from the said car kept in the dickey.
Learned counsel for the petitioners submits that the petitioners have got no criminal antecedent and they have
Patna High Court CR. MISC. No.41108 of 2021(3) dt.07-02-2022 2/3
falsely been implicated in this case inasmuch the car does not belong to the petitioners rather it belongs to one Arjun Nigam and the petitioners were not aware about the illicit liquor kept in the car.
Learned counsel further submits that the petitioners are in custody since 06.05.2021, charge-sheet has been submitted and there is no likelihood that the petitioners will abscond or will tamper with the evidences if they are released on bail.
Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that petitioners have got no criminal antecedent, they are in custody since 06.05.2021, charge-sheet has been submitted and there is no likelihood that the petitioners will abscond or will tamper with the evidences if they are released on bail and the trial is not likely to be concluded in near future due to pandemic, I am inclined to grant regular bail to the petitioner, subject to the condition that one of the bailors should be local resident residing within the territorial jurisdiction of the court concerned.
Accordingly, let the petitioners, named above, be released on bail on furnishing bail bond of Rs. 25,000/-
Patna High Court CR. MISC. No.41108 of 2021(3) dt.07-02-2022 3/3
(Twenty-five Thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Gopalganj in connection with Mohammadpur PS Case No. 89/2021.
(Anil Kumar Sinha, J)
perwez
U T
1 issue framed by the court
Whether regular bail should be granted to petitioners accused of offences under the Bihar Prohibition and Excise Act, 2018.
Sahil @ Shahi
Mohit Saroha
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
