Petitioner sought bail in a charge of preparing illicit liquor. Court granted bail noting no proactive recovery of contraband, no prior record, co-accused bail, and pending charge sheet.
Petitioner released on bail by furnishing bonds of Rs. 20,000 with two sureties to the Additional Sessions Judge.
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.49890 of 2021
Arising Out of PS. Case No.-141 Year-2021 Thana- RAJAOLI District- Nawada
======================================================
PARAS RAJBANSHI Son of Late Bandhu Rajbanshi Resident of VillageLobkala, P.S.- Rajauli, District- Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Birendra Kumar For the Opposite Party/s : Mr.Veena Kumari Jaiswal ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 11-03-2022
Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with Rajauli Police Station Case No. 141 of 2021, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, as per the First Information Report, is that the police, on the basis of secret information, raided a place in the forest and upon seeing the police party, 1214 persons succeeded in fleeing away from the place of occurrence and the police recovered equipment for preparing illicit liquor and destroyed 3000 litres of fermented java mahua and also recovered 300 litres of illicit country-made liquor from the place of occurrence. The name of the petitioner along with
Patna High Court CR. MISC. No.49890 of 2021(2) dt.11-03-2022 2/3
other accused persons has been disclosed by the village chowkidar and spy of the police.
Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case on the basis of the disclosure of his name by the village chowkidar. He further submits that no illicit liquor has been recovered from the conscious possession and/or premises belonging to the petitioner. He further submits that similarly situated co-accused persons, namely, Shankar Yadav (in Criminal Misc. No. 39032 of 2021) and Surendra Yadav (in Criminal Misc. No. 41878 of 2021) have been granted bail by co-ordinate Bench of this Court. He further submits that the petitioner is in custody since 30.04.2021, having no criminal antecedent and charge sheet has been submitted against him and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.
Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that the petitioner has got no criminal antecedent, no illicit liquor has been recovered from the possession of the petitioner, charge sheet has already
Patna High Court CR. MISC. No.49890 of 2021(2) dt.11-03-2022 3/3
been submitted, the petitioner is in custody since 30.04.2021 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.
This application is, accordingly, allowed.
Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cum- Special Judge, Excise, Nawada, in connection with Rajauli Police Station Case No. 141 of 2021.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
1 issue framed by the court
Whether regular bail should be granted to the petitioner accused of preparing illicit liquor given no recovery of contraband from his possession and co-accused having been granted bail.
Paras Rajbanshi
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
