Bail petition in an excise offence case involving recovery of illicit liquor. The court granted bail upon furnishing bonds and security, subject to conditions regarding trial attendance and witness tampering.
Petitioner released on bail with bonds of Rs. 20,000 and two sureties of the like amount.
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.58173 of 2021
Arising Out of PS. Case No.-77 Year-2021 Thana- BISHWAMBHARPUR District-
Gopalganj
======================================================
Mukesh Yadav Son of Jawahar Yadav Residento of Villege - Hem Bardaha, P.s.- Kuchaikote, Distt.- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Lokesh Kumar Singh For the Opposite Party/s : Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER
2 07-04-2022
Let the defects, if any, be removed within four weeks from today.
Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
Petitioner seeks bail in a case registered in connection with Vishambharpur ( Bishambharpur) P.S.Case No. 77 of 2021 for the offences punishable under Sections30(a) of the Bihar Prohibition & Excise( Amendment )Act 2018.
As per the prosecution case, it is alleged that while the police party was on patrolling duty a car was intercepted and the petitioner is said to be the owner of the said car. It is alleged that on search total 153 liters illicit country made liquor has been recovered.
Patna High Court CR. MISC. No.58173 of 2021(2) dt.07-04-2022 2/3
Learned counsel for the petitioner submits that country made liquor was recovered from a car and it is alleged that while petitioner was trying to flee away from the spot, he was caught by the police. It is next submitted that no other incriminating material has come during the course of investigation. It is next submitted that there is no compliance of section 100 of the Cr.P.C and the petitioner has no concerned with the seized liquor. Moreover, charge sheet has submitted and there is no chance of his absconding and tempering with the evidence.
The learned A.P.P opposed the prayer for bail of the petitioner and submits that petitioner has one criminal antecedent , which is mentioned in Para-3 of the petition.
Having heard the rival contentions of the parties and taking into consideration the materials available on the record and especially fact that investigation has already been completed and charge sheet has submitted, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge cum Special Judge, Excise, Gopalganj in connection with Vishambharpur ( Bishambharpur) P.S.Case No.
Patna High Court CR. MISC. No.58173 of 2021(2) dt.07-04-2022 3/3
77 of 2021, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions
which are as follows:-
(i) The petitioner will cooperate in conclusion of the
trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial.
(iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(Harish Kumar, J)
N.K/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in the offence of illicit liquor manufacture and smuggling under the Bihar Prohibition Act.
1 provisions across 1 enactments
Mukesh Yadav
The State of Bihar
Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
