Single judge granted regular bail to the accused in a liquor smuggling case pending charge-sheet filing. Held that no criminal antecedents were found, and due to delayed trial from COVID-19, bail was warranted at Rs. 25,000 with two sureties.
Petitioner released on regular bail on Rs. 25,000 bond 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.43094 of 2021
Arising Out of PS. Case No.-73 Year-2021 Thana- RANIGANJ District- Araria
======================================================
PAPPU SHARMA Son of Krityanand Sharma Resident of Village- Raghopur, Ward No.2, Raniganj, District- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Mrigendra Kumar, Advocate For the Opposite Party/s : Mr. Bharat Bhushan, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 03-02-2022 Heard Mr. Mrigendra Kumar, learned counsel for the petitioner and Mr. Bharat Bhushan, learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner seeks regular bail in connection with Special Case No. 261 of 2021 arising out of Raniganj P.S. Case No. 73 of 2021 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The Police intercepted one Alto Car and two persons sitting in the car started fleeing away. However, the Police apprehended the petitioner and recovered 17.640 litres of illicit foreign liquor and further the house of the petitioner was raided from where 196.920 litres of illicit liquor was recovered.
Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and at the time of
Patna High Court CR. MISC. No.43094 of 2021(2) dt.03-02-2022 2/3
search and seizure, the procedure prescribed under the Excise Act and the Cr. P.C. was not followed by the Police. Learned counsel further submits that the house from where the illicit liquor was recovered is joint house in which other family members also reside. He next submits that the petitioner is in custody since 6.3.2021, charge sheet has already been submitted and the trial is not likely to be concluded in near future due to Covid-19 pandemic.
Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that petitioner has got no criminal antecedent, he is in custody since 6.3.2021, charge sheet has already been submitted and the trial is not likely to be concluded in near future due to Covid-19 pandemic, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.25,000/(Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-IIcum-Special Judge, Araria, in connection with Special Case No. 261/2021 arising out of Raniganj P.S. Case No. 73/2021.
It is made clear that at the time of furnishing bail
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bonds all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J)
S.Ali/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
1 provisions across 1 enactments
Pappu Sharma
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
