The Patna High Court granted regular bail to the petitioner in a case concerning liquor recovery under the Bihar Prohibition and Excise Act, allowing him on furnishing bond and sureties with standard conditions.
Bail granted on bond of Rs.30,000 with two sureties of Rs.30,000 each under Section 437(3) Cr.P.C.
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.42522 of 2022
Arising Out of PS. Case No.-237 Year-2020 Thana- DHANAHA District- West Champaran
======================================================
Manjur Alam Son of Hafij Resident of Village - Thadibhar Indarpattithari, Police Station Bishunpurwa, District - Kushinagar (U.P.)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anand Kishore Choudhary, Adv. For the Opposite Party/s : Mr. Akhileshwar Dayal, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER
2 30-08-2022
Let the defect, if any, be removed within two weeks
from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Dhanaha P.S. Case No. 273 of 2020 lodged under Section 30(a) of Bihar Prohibition and Excise Act, 2016.
As per the prosecution case, total recovery 600 litres country made liquor has been made from a four wheeler. Learned counsel for the petitioner submits that petitioner has not apprehended from the place of occurrence. His name was not even mentioned in the F.I.R.
Learned counsel for the petitioner submits that his vehicle was taken by known persons. He is completely unaware
Patna High Court CR. MISC. No.42522 of 2022(2) dt.30-08-2022 2/3
about such occurrence. He was not named in the F.I.R. rather his name has been added in this case only by virtue of owner of vehicle number. He further submits that petitioner is in custody since 17.01.2022, charge sheet has already been filed in this case and he has having no criminal antecedent.
Learned counsel for the State opposes the prayer for
bail.
In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/(Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Sri Pramod Kumar Special Judge, Bagaha, West Champaran in connection with Dhanaha P.S. Case No. 237 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:
A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.
B. One of the bailor shall be close relative who shall
Patna High Court CR. MISC. No.42522 of 2022(2) dt.30-08-2022 3/3
file affidavit before the court about his relation with the petitioner.
With this observation, the bail application stands
allowed.
(Dr. Anshuman, J)
sadique/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in Samudayik Chhota Mukti case involving country-made liquor recovery.
1 provisions across 1 enactments
Manjur Alam
The State of Bihar
DR. ANSHUMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
