High Court granted regular bail to petitioner Akhilesh Mehta, a driver accused of smuggling foreign liquor under Bihar Prohibition Act, subject to standard conditions including cooperation with trial and attendance.
Petitioner released on bail bonds of Rs. 20,000 with two sureties of like amount, with one bailor being a close relative.
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.58505 of 2021
Arising Out of PS. Case No.-90 Year-2021 Thana- PASRAHA District- Khagaria
======================================================
Akhilesh Mehta Son of Barelal Mehta Resident of Village - Pama, Ward No. -09, P.S. - Sour Bazar, District - Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Raja Surendra Mohan, Advocate. For the Opposite Party/s : Mr. Rana Randhir Singh, APP. ======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER
2 08-04-2022
Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the State.
The present application has been filed on behalf of the petitioner, above named, for grant of regular bail to the petitioner who has been made accused and put behind the bar in connection with Pasraha P. S. Case No. 90 of 2021 registered for the offence punishable under Section 30(a) Bihar Prohibition & Excise (Amendment) Act, 2018.
As per the prosecution case, it is alleged that from a Magic vehicle, which was being driven by this petitioner altogether 249.75 litres of foreign liquor has been recovered by the Police.
It has been submitted on behalf of the petitioner that this petitioner is a driver of the said vehicle and he was not
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even aware of the fact that as to what has been loaded in his vehicle by the consigner. It is next submitted that this petitioner has got no criminal antecedent and is in custody since 13.07.2021 and it is further submitted that there is no independent witness to the seizure list and all are the Police Personnel.
On the other hand, learned APP for the State opposes the bail application of this petitioner.
Having considered the submissions made on behalf of the parties and taking into account this fact that the petitioner is a driver of said vehicle and he has got no criminal antecedent and is in custody since 13.07.2021, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Khagaria in connection with Pasraha P. S. Case No. 90 of 2021, subject to the condition that one of the bailors will be the close relative of the petitioner with further conditions which are as follows:-
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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.
(Harish Kumar, J)
Shakir/-
U T
1 issue framed by the court
Whether petitioner-driver with no criminal antecedents should be granted regular bail in a prohibition offence where liquor was recovered from his vehicle without independent witnesses.
1 provisions across 1 enactments
Akhilesh Mehta
The State of Bihar
Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
