Single Judge order in criminal miscellaneous petition where the High Court granted bail to the petitioner arrested in an Excise Act case involving illicit spirit, directing furnishing of a bail bond and preservation of bail conditions.
Release of the petitioner on bail by furnishing a 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.45665 of 2022
Arising Out of PS. Case No.-207 Year-2012 Thana- MOTIPUR District- Muzaffarpur
====================================================== MAHENDRA RAM Son of Late Bhardul Ram Resident of Village - Morsandi, P.s.- Motipur, Dist.- Muzaffarpur ... ... Petitioner/s Versus
THE STATE OF BIHAR Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Arun Kumar For the Opposite Party/s : Mr.Yogendra Kumar Singh ======================================================
2 09-09-2022
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 Motipur P.S. Case No. 207 of 2012 registered for the offences punishable under Section 47(A) of the Excise Act.
As per prosecution case, there is alleged recovery of 140 litres of illicit spirit from the hut of the petitioner. The petitioner and others fled away from the place of occurrence.
Learned counsel for the petitioner submits that petitioner is a poor person of labour class and he had gone out of station to earn his livelihood and when he returned at his house the police arrested him on 27.11.2021 and since then he is in custody. Petitioner bears criminal antecedent of one case
Patna High Court CR. MISC. No.45665 of 2022(2) dt.09-09-2022 2/3
which is not similar to the present case. Petitioner was not apprehended on the spot. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that basically nothing has been recovered from his possession and he has been falsely implicated in this case. Learned counsel for the petitioner further submits that the petitioner is accused in Motipur P.S. Case No.207/2012 which is an old Excise Act.
The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody , petitioner was not apprehended on the spot, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence and also taking into consideration the material available on record, let the petitioner above named be released on bai l on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Muzaffarpur in connection with Motipur P.S. Case No. 207 of 2012, 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
Patna High Court CR. MISC. No.45665 of 2022(2) dt.09-09-2022 3/3
the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will
remain present on all dates and absence for two consecutive 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)
Amitkumar/Vasudha/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in connection with charges under Section 47(A) of the Excise Act.
1 provisions across 1 enactments
Mahendra Ram
State of Bihar
Allok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
