In a criminal miscellaneous matter concerning bail in a prohibition case, the Patna High Court granted bail to the petitioner who was in custody over charges of illegal trading of mahua liquor.
Released on bail in connection with Sigaudi P.S. Case No.82 of 2020 by furnishing a bail 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.64192 of 2022
Arising Out of PS. Case No.-82 Year-2020 Thana- SIGAUDI District- Patna
======================================================
Deodhari Yadav Son of Dalal Yadav Resident of village- Hadi Nagar, P.SSigaudi, District- Patna
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner : Mr. Parashuram Singh, Advocate For the State : Mr. Rajendra Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
2 09-12-2022
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 Sigaudi P.S. Case No.82 of 2020 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
The accused/petitioner is named in the F.I.R. and is in custody since 13.05.2022.
The allegation against the petitioner is to be involved in illegal trading of illicit liquor, where, there was recovery of 55 litres of illicit country made mahua liquor.
Learned counsel appearing on behalf of the petitioner submitted that the alleged recovery of illicit liquor was made from the bank of Punpun River, that is an open place and
Patna High Court CR. MISC. No.64192 of 2022(2) dt.09-12-2022 2/2
admittedly recovery was not made from conscious physical possession of the petitioner, who is a man of clean antecedent. 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 recovery of alleged illicit liquor appears to be made from an open place coupled with the fact that chargesheet has already submitted, let above named petitioner directed to be released on bail in connection with Sigaudi P.S. Case No.82 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge Excise, Danapur/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
1 issue framed by the court
Whether the petitioner is entitled to be released on bail in a case involving illegal trading of illicit liquor.
1 provisions across 1 enactments
Deodhari Yadav
The State Of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
