High Court granted bail to petitioner in money laundering/narcotics context (excise case) absent from spot. Bail with bond and sureties subject to conditions and framing of charge.
Petitioner directed to be released on bail on furnishing bond of Rs. 20,000 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.49914 of 2022
Arising Out of PS. Case No.-26 Year-2021 Thana- RAGHUNATHPUR District- Siwan
====================================================== Ajeet Yadav, Son of Late Kedar Yadav,R/V- Raghunathpur PSRaghunathpur , Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mrs.Kumari Anupam, Advocate For the Opposite Party/s : Mr.Madan Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
2 22-11-2022 Heard learned counsel for the petitioner and learned APP for the State.
Let the defect (s), as pointed out by the office, be removed within a period of four weeks.
In the present case, the petitioner seeks bail in connection with Raghunathpur P.S. Case No. 26 of 2021 registered for the alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act.
As per prosecution case, recovery of 80 litres of country made mahua liquor was made from two gallons which were kept concealed in bushes. The petitioner and other coaccused persons are stated to have fled away from the spot when the raid was being conducted.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.49914 of 2022(2) dt.22-11-2022 2/3
petitioner was not apprehended from the spot and nothing incriminating has been recovered from his conscious possession and he was named by the persons who are on inimical terms with him. The petitioner is in custody since 16.12.2021 and the charge-sheet has been submitted.
Learned APP opposes the prayer for bail submitting that petitioner is a habitual offender.
Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that no recovery has been shown from the petitioner who was not apprehended from the spot and further considering the period of custody of the petitioner and submission of chargesheet against him, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/(twenty thousand) with two sureties of the like amount each to the satisfaction of learned Court of Additional District Judge Special Excise Court No.2, Siwan in connection with Raghunathpur P.S. Case No. 26 of 2021, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :
(i) The bail bond of the petitioner will be accepted only after framing of charge, if not already
Patna High Court CR. MISC. No.49914 of 2022(2) dt.22-11-2022 3/3
framed.
(ii) One of the bailors will be a close relative of the petitioner.
(iii) The petitioner will remain present on each and every date fixed by the court below.
(iv) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J)
himanshu/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in connection with alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act.
1 provisions across 1 enactments
Ajeet Yadav
The State of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
