The High Court of Judicature at Patna granted bail to the petitioner in an excise case involving illicit liquor recovery, conditioned on release after charge framing and furnishing a bond with sureties.
Petitioner released on bail after framing of charges on furnishing 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.51953 of 2022
Arising Out of PS. Case No.-180 Year-2021 Thana- BAHERA District- Darbhanga
======================================================
SANJAY SAH Son of Shiv Kumar Sah R/V- Radiyam, P.S- Bahera, DistDarbhanga
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Anju Jha For the Opposite Party/s : Mr.Khurshid Anwar ====================================================== 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 Bahera P.S. Case No. 180 of 2021 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
As per prosecution case, police got secret information that petitioner and others were about to bring huge consignment of liquor and on the basis of said information police recovered total 3846 litre illicit foreign liquor from the truck in question.
Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.51953 of 2022(2) dt.14-10-2022 2/3
petitioner is in custody since 23.06.2022 and bears criminal antecedent of four cases of similar nature. He further submits that no incriminating article has been recovered from possession of the petitioner. There is no compliance of Section 100 of the Cr.P.C. He further submits that petitioner is not apprehended on the spot and he has falsely been implicated in this case.
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 is not apprehended on the spot, 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, after framing of charge 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 (Excise Act)-II, Darbhanga in connection with Bahera P.S. Case No. 180 of 2021, 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
Patna High Court CR. MISC. No.51953 of 2022(2) dt.14-10-2022 3/3
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)
shahzad/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail after the framing of charges in the liquor excise case?
2 provisions across 2 enactments
Sanjay Sah
The State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
