The Patna High Court granted bail to the petitioner in an excise case involving possession of illicit mahua liquor. The release was ordered due to doubts regarding the seizure list and the completed investigation.
Release 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.62931 of 2022
Arising Out of PS. Case No.-352 Year-2022 Thana- AMAS District- Gaya
======================================================
Kapil Kumar Son of Shyamdev Yadav R/V- Pachrukhiya P.S- Raushanganj, Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner : Mr. Ajay Kumar Sinha, Advocate For the State : Mr. Atul Chandra, 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.
The petitioner seeks bail in connection with Amas P.S. Case No.352 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise(Amendment) Act, 2018.
The accused/petitioner is named in the F.I.R. and is in custody since 11.09.2022.
Patna High Court CR. MISC. No.62931 of 2022(2) dt.02-12-2022 2/3
The allegation against the petitioner is to in possession of illicit liquor, where, there was recovery of 60 litres of illicit country made mahua liquor.
Learned counsel appearing on behalf of the petitioner submitted that petitioner is not the owner of the alleged motorcycle, and as such, it cannot be said that recovery was made from the conscious physical possession of the petitioner. It is also submitted that seizure list appears doubtful being not supported by independent witnesses rather by police personnel. While concluding the argument, it is submitted that investigation of this case has been completed, for which, chargesheet has already been submitted, as such, there is no chance of tampering with the evidence.
Learned APP appearing on behalf of the State, opposes the prayer for bail.
In view of the facts and circumstances as mentioned above as seizure list appears doubtful being not supported by independent witnesses coupled with the fact that chargesheet has been submitted, let above named petitioner directed to be released on bail in connection with Amas P.S. Case No.352 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.62931 of 2022(2) dt.02-12-2022 3/3
satisfaction of learned Exclusive Special Excise Court No.2, Gaya/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J)
S.Tripathi/- U T
2 issues framed by the court
Whether bail should be granted to the petitioner who is accused of possessing illicit liquor.
Whether the doubtful seizure list supported by police personnel instead of independent witnesses warrants granting bail.
2 provisions across 2 enactments
Kapil 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
