Single judge granted bail to a petitioner accused of illegal liquor manufacturing and trading. The court noted the accused was a driver with no prior record and charge-sheet submission, indicating completed investigation.
Petitioner released on bail bond of Rs. 10,000 with two sureties of like amount each.
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.53328 of 2022
Arising Out of PS. Case No.-161 Year-2022 Thana- BIKRAM District- Patna
======================================================
Pardip Kumar @ Pradip Kumar Son of Gopi Chand R/O Shyam Kala , P.S.Badla, District- Dadri (Haryana)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Sada Nand Roy, Advocate For the Opposite Party/s : Mrs. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
2 19-10-2022
Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Bikram P.S. Case No. 161 of 2022 registered for the offence under Section 30(a), 32(ii)(iii), 36, 41(i)(ii) of the Bihar Prohibition and Excise Act, 2018.
The accused/petitioner is named in the F.I.R. and is in custody since 08.04.2022.
The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there was recovery of 1782 litres of illicit IMFL/country made liquor.
Learned counsel appearing on behalf of the petitioner submitted that petitioner is the driver of container from which alleged recovery of illicit liquor was made. It is further submitted that
Patna High Court CR. MISC. No.53328 of 2022(2) dt.19-10-2022 2/2
nothing surfaced during the course of investigation which may suggest that petitioner was under knowledge to carry consignment of illicit liquor and as such it cannot be said that recovery of illicit liquor was made from conscious physical possession of this petitioner, who is a man of clean antecedent and moreover, investigation of this case has been completed, where charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, as recovery of illicit liquor not appears from conscious physical possession of this petitioner, who is a man of clean antecedent coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Bikram P.S. Case No. 161 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge, Danapur, Patna/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J)
Archana/-
U T
1 issue framed by the court
Whether the petitioner, being a driver with clean antecedents accused of illegal liquor trading where goods were recovered from a container, should be granted bail post-charging-sheet.
1 provisions across 1 enactments
Pardip Kumar @ Pradip Kumar
The State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
