Patna High Court granted regular bail to the petitioner, a driver implicated in an illicit liquor case under the Bihar Prohibition and Excise Act, citing no criminal antecedents and low risk of absconding.
Petitioner released on regular bail on furnishing a bond of Rs. 20,000 with two sureties of equal amount.
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.50481 of 2021
Arising Out of PS. Case No.-130 Year-2021 Thana- RAMGARH District- Kaimur (Bhabua)
======================================================
BEGWA @ RITESH SHAH Son of Raja Ram Sah @ Raj Ram Sah Resident of Village- Niranjanpur, P.S.- Koransarai, District- Buxar (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ravi Shankar Sahay, Adv. Mr.Chandra Mohan Jha For the Opposite Party/s : Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 25-03-2022
Heard the parties.
Petitioner seeks regular bail in connection with Ramgarh ( Nuaon ) PS Case No. 130 / 2021 registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
As per the First Information Report Police intercepted a pick-up van which was being driven by the petitioner and recovered 322.680 liters of illicit liquor from the same.
Learned counsel for the petitioner submits that petitioner has got no criminal antecedent and he has been implicated in this case merely because he happens to be driver of the vehicle. He next submits that petitioner was driving the vehicle at the instruction and instance of its owner and he was
Patna High Court CR. MISC. No.50481 of 2021(2) dt.25-03-2022 2/2
not aware about the illicit liquor being kept therein. Petitioner is in custody since 29 / 6 / 2021 and charge sheet has already been submitted .
Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner has got no criminal antecedent, he is in custody since 29-6-2021, charge sheet has already been submitted and there is no likelihood that petitioner will abscond or tamper with the evidence if released on bail, as such, I am inclined to grant regular bail to the petitioner.
Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise, Kaimur at Bhabua in connection with Ramgarh (Nuaon ) PS Case No. 130 of 2021.
(Anil Kumar Sinha, J)
praful/-
U T
1 issue framed by the court
Whether the petitioner is eligible for regular bail given his lack of criminal antecedents and the timeline of charge sheet submission?
1 provisions across 1 enactments
BEGWA @ RITESH SHAH
The State of Bihar
ANIL KUMAR SINHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
