The High Court granted bail to the petitioner in a drink-concern case involving Section 30(a) of the Bihar Prohibition and Excise Act, considering his custody duration and clean antecedents.
Petitioner released on bail with bond of Rs. 10,000 and two sureties of the like amount each, subject to conditions regarding cooperation and non-tampering.
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.51941 of 2022
Arising Out of PS. Case No.-149 Year-2022 Thana- DARBHANGA District- Darbhanga
======================================================
JITENDRA KUMAR MAHTO S/o Om Prakash Mahto R/o village- Emlighat Ward No. 22, P.S.- Town, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Vinay Kumar Mishra For the Opposite Party/s : Mrs.Indu Kumari Srivastava ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
2 14-10-2022
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 Town P.S. Case No. 149 of 2022 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
As per prosecution case, there is alleged recovery of 60 litre Nepali liquor from the courtyard of the petitioner and petitioner is apprehended on the spot.
Learned counsel for the petitioner submits that petitioner is in custody since 13.06.2022 and bears no criminal antecedent. He further submits that nothing has been recovered
Patna High Court CR. MISC. No.51941 of 2022(2) dt.14-10-2022 2/3
from conscious possession of the petitioner. He further submits that alleged recovery has been made from the place which is situated front side of house and is accessible to all.
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, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge-1, Excise Act, Darbhanga in connection with Town P.S. Case No. 149 of 2022, 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 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
Patna High Court CR. MISC. No.51941 of 2022(2) dt.14-10-2022 3/3
the witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
(Alok Kumar Pandey, J)
shahzad/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail in connection with a drink-concern case involving recovery of liquor.
Whether the clean antecedence of the petitioner is a relevant factor for granting bail.
1 provisions across 1 enactments
JITENDRA KUMAR MAHTO
THE STATE OF BIHAR
ALOK KUMAR PANDEY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
