Single judge order allowing bail to the accused driver accused of illicit liquor transport under Bihar Prohibition and Excise Act, 2018, provided security and specific conditions for future appearance.
Petitioner released on bail on appearing ₹10,000 bond with two sureties, subject to conditions of cooperation and presence in trial.
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.51959 of 2022
Arising Out of PS. Case No.-259 Year-2022 Thana- KATORIYA District- Banka
======================================================
ANIKET YADAV Son of Ajit Yadav @ Prem Kumar Chaudhary R/o Village - Rampur, P.S.- Amarpur, District - Banka.
... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Dhananjay Kumar Pandey For the Opposite Party/s : Mr.Kumar Ranjit Ranjan
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
2 14-10-2022 Learned counsel for the petitioner is permitted to
make necessary correction in para 1 of the bail petition.
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 Katoria P.S. Case No. 259 of 2022 registered for the offences punishable under Sections 30(a) (g) of the Bihar Prohibition and Excise Act, 2018.
As per prosecution case, there is alleged recovery of 142.92 litre illicit liquor from the vehicle in question. Petitioner is alleged to be driver of said vehicle and apprehended on the spot.
Patna High Court CR. MISC. No.51959 of 2022(2) dt.14-10-2022 2/3
Learned counsel for the petitioner submits that petitioner is in custody since 10.07.2022 and bears no criminal antecedent. He further submits that petitioner is quite innocent and he has falsely been implicated in this case. He further submits that petitioner being driver has no knowledge about the illicit liquor kept in the said vehicle. There is no compliance of Section 100(4) of the Cr.P.C.
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 Additional Sessions Judge-V, Banka in connection with Katoria P.S. Case No. 259 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
Patna High Court CR. MISC. No.51959 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
2 issues framed by the court
Whether the petitioner should be released on bail bearing no criminal antecedent after correcting the defects in the bail petition.
Whether the petitioner being a driver with no knowledge of illicit liquor kept in the vehicle should be granted anticipatory bail.
2 provisions across 2 enactments
Aniket Yadav
The State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
