Bail petition filed by Arjun Rai accused of offences under Bihar Prohibition and Excise Act, 2018. alleged illegal trading of illicit liquor. High Court allowed bail directing release upon furnishing bond and sureties.
Direction to release petitioner on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65815 of 2022
Arising Out of PS. Case No.-141 Year-2021 Thana- BALIGAON District- Vaishali
======================================================
Arjun Rai Son of Ramashish Rai Resident of Village- Govindpur Bela, P.S.Baligaon, District- Vaishali at Hajipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Shambhu Prasad Yadav, Advocate For the State : Mr. Sanjay Kumar, 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.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Baligaon P.S. Casse No. 141 of 2021 registered for the offence under Sections 30(a), 32(ii), 36 and 41(i) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
The accused/petitioner is named in the F.I.R. and is in custody since 02.09.2022.
The allegation against the petitioner is to be involved
Patna High Court CR. MISC. No.65815 of 2022(2) dt.09-12-2022 2/3
in illegal trading of illicit liquor, where 338.4 liters of foreign liquor was recovered.
Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor was made from mango orchard of co-accused, namely, Guddu Rai, which is not connected, in any manner, with the present petitioner and, admittedly, recovery of illicit liquor was not made from the conscious physical possession of the petitioner. It is further submitted that seizure list appears doubtful being not supported by independent witnesses creating a doubt over the entire seizure. While concluding the argument, it is submitted that 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 not appears to be made from conscious physical possession of the petitioner coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Baligaon P.S. Casse No. 141 of 2021 on furnishing bail
Patna High Court CR. MISC. No.65815 of 2022(2) dt.09-12-2022 3/3
bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1-cum-Additional District and Sessions Judge, Vaishali at Hajipur/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 the petitioner, accused of illegal trading of illicit liquor where liquor was recovered from a co-accused's orchard and not in his custodial possession, is entitled to bail after the charge-sh
2 provisions across 2 enactments
Arjun Rai
The State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
