In a bail petitioner's case regarding alleged offences under the Bihar Prohibition and Excise Act, the court directed the petitioner's release on bail upon furnishing a bond and sureties, considering he was not apprehended at the spot.
Petitioner directed to be released on bail on furnishing a bail bond of Rs. 20,000 with two sureties of the 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.54169 of 2022
Arising Out of PS. Case No.-110 Year-2021 Thana- BARH District- Patna
======================================================
Vinod Ray, Son of Late Ramjee Ray, Resident of Village - Pachhiyari Malahi, P.S.- Barh, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Kashyap, Advocate For the Opposite Party/s : Mr.Akbar Ali, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
2 23-11-2022
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
Let the defect(s), if any, as pointed out by the office be removed within four weeks.
In the present case, the petitioner seeks bail in connection with Barh P.S. Case No. 110 of 2021 registered for the alleged offences under Section 30 (a) of the Bihar Prohibition and Excise Act.
As per prosecution case, recovery of 274 litres of country made mahua liquor was made from the cow shed and the e-rickshaw of the co-accused Nitish Ray. The petitioner was named along with other co-accused persons by the villagers as the persons who fled away from the spot.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.54169 of 2022(2) dt.23-11-2022 2/3
petitioner is innocent and was not apprehended from the spot and nothing incriminating has been recovered from his conscious possession and the recovery has been made from the possession of co-accused Nitish Ray. The petitioner has been named in this case by the people who are on inimical terms with this petitioner and he has been roped in this case merely on suspicion. The petitioner is in custody since 22.06.2022 and charge sheet has been submitted.
Learned A.P.P. opposes the prayer for bail submitting that the petitioner is a habitual offender.
Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the petitioner was not apprehended from the spot and further considering the period of custody of the petitioner along with the submission of charge sheet, he is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court of Special Judge Excise, Barh, Patna in connection with Barh P.S. Case No. 110 of 2021, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions :
(i) The bail bond of the petitioner will be
Patna High Court CR. MISC. No.54169 of 2022(2) dt.23-11-2022 3/3
accepted only after framing of charge, if not already framed.
(ii) One of the bailors will be a close relative of the petitioner.
(iii) The petitioner will remain present on each and every date fixed by the court below.
(iv) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable
to be cancelled by the court concerned.
(Arun Kumar Jha, J)
himanshu/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a case involving alleged offences under the Bihar Prohibition and Excise Act.
1 provisions across 1 enactments
Vinod Ray
The State of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
