High Court at Patna granted bail to petitioner charged under excise laws for possession of foreign liquor, directing surrender of bond and strict compliance with appearance and presence conditions.
Petitioner released on bail on bond of Rs. 10,000 with two sureties subject to conditions of appearance and fortnightly presence.
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.65306 of 2021
Arising Out of PS. Case No.-143 Year-2020 Thana- DAGARUA District- Purnia
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CHEGNA @ SHAHBAZ @ MD. SHAHNAWAZ ALAM Son of Abdul Quadir @ Abdul Kadeer Resident of Udharna (Lokari), P.S.- Dagarua, District - Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Md Fazle Karim, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 13-05-2022
Heard learned counsel for the parties through video conferencing in view of COVID -19.
Let the defect(s), if any, be removed within four
weeks.
The petitioner is in custody in connection with Special Excise Case No. 347 of 2020 arising out of Dagarua P.S. Case No. 143 of 2020 registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
As per the prosecution case, the police upon secret information was conducting vehicle check in which they noticed a motorcycle without any registration number approaching them with a black bag hanging in the said vehicle. It was intercepted
Patna High Court CR. MISC. No.65306 of 2021(3) dt.13-05-2022 2/3
and the bag was searched which led to recovery of 15.750 liters of foreign liquor. The same was seized and in this way, the petitioner came into judicial custody on 06.09.2021 and is in jail since then.
Considering the fact that charge sheet has already been submitted and the petitioner is in jail since 06.09.2021 (as stated in paragraph-12 of the bail application), this Court is inclined to grant him the privilege of bail but with certain conditions in view of the fact that he has criminal antecedent.
Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge (Excise), Purnea in connection with Special Excise Case No. 347 of 2020 arising out of Dagarua P.S. Case No. 143 of 2020, subject to the following conditions :-
(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;
Patna High Court CR. MISC. No.65306 of 2021(3) dt.13-05-2022 3/3
(iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence;
(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Jagdish/-
U T
1 issue framed by the court
Whether petitioner is eligible for bail in a special excise case involving possession of foreign liquor despite having criminal antecedents.
2 provisions across 2 enactments
CHEGNA @ SHAHBAZ @ MD. SHAHNAWAZ ALAM
The State of Bihar
RAJIV ROY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
