The High Court at Patna granted bail to the petitioner in an excise case involving recovery of 270 liters of illicit liquor. The recovery being from an open place and investigation completion were key considerations.
Petitioner directed to be released on bail on furnishing a bond of Rs.10,000/- 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.62099 of 2022
Arising Out of PS. Case No.-480 Year-2022 Thana- SIWAN MUFFASIL District- Siwan
======================================================
Dinesh Yadav @ Bigu Son of Late Mohan Chaudhary R/V- Tandwa, P.SSiwan Muffasil, Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate For the State : Mr. Sanjay Kumar Pandey, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
2 02-12-2022
Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State through virtual Court proceedings.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Siwan Muffasil P.S. Case No. 480 of 2022 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.
The accused/petitioner is named in the F.I.R. and is in
Patna High Court CR. MISC. No.62099 of 2022(2) dt.02-12-2022 2/3
custody since 22.08.2022.
The allegation against the petitioner is to be involved in the illegal trading of illicit liquor, where 270 liters of country made liquor was recovered.
Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced on the basis of disclosure made by the villagers. It is further submitted that recovery was made from open place, which is accessible by general public and, as such, it can be safely gathered that recovery of illicit liquor was not made from the conscious physical possession of the petitioner. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP appearing on behalf of the State opposes the prayer of bail.
In view of the facts and circumstances, as mentioned above, as recovery of illicit liquor was made from open place coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Siwan Muffasil P.S. Case No. 480 of 2022 on
Patna High Court CR. MISC. No.62099 of 2022(2) dt.02-12-2022 3/3
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 Judge, Excise Court No.2, Siwan/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J)
Ankit/-
U T
1 issue framed by the court
Whether to grant bail to the petitioner in a case involving illegal trading of illicit liquor where recovery was made from an open place.
2 provisions across 2 enactments
Dinesh Yadav @ Bigu
The State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
