In a bail application concerning an illegal liquor case, the High Court granted regular bail after observing the petitioner had no criminal record, the charge sheet was submitted, and the risks of absconding or evidence tampering were non-existent.
Petitioner granted regular bail on a bond of Rs. 20,000 with two sureties of like amount.
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.68831 of 2021
Arising Out of PS. Case No.-230 Year-2021 Thana- TEKARI District- Gaya
======================================================
BUDHAN PASWAN Son of Chhotu Paswan @ Madesher Paswan Resident of Village - Sawasin, P.S.- Tekari (Panchanpur O.P.) and District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Manish Kumar No2 For the Opposite Party/s : Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 23-05-2022 Heard both sides.
Petitioner seeks regular bail in connection with Tekari
( Panchanpur O.P. ) PS Case No. 230 of 2021 ( CIS 904 / 2021 ) registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act 2016.
A total quantity of 60 liters of country made liquor has
been recovered by the police from a bag tied on a “Scooty” .
Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has falsely been implicated by the police with oblique motive. He further submits the during seizure the procedures prescribed under Section 100 of the Cr.P.C. and the Excise Act have not been followed by the police. Learned counsel next submits that no illicit liquor has been recovered from the
Patna High Court CR. MISC. No.68831 of 2021(2) dt.23-05-2022 2/2
possession of the petitioner and / or vehicle belonging to him. Learned counsel next submits that petitioner has got no criminal antecedent and he is in custody since 22.05.2021. Learned counsel further submits that charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence if released on bail.
Regard being had to the submissions made by the parties, taking into consideration the material available on record, the fact that petitioner has got no criminal antecedent, he is in custody since 22.05.2021, charge sheet has already been submitted and there is there is no likelihood that petitioner will abscond or tamper with the evidence, and as such, I am inclined to grant regular bail to the petitioner.
Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand ) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II -cumSpecial Judge of Excise Act, Gaya in connection with Tekari ( Panchanpur O.P.) PS Case No. 230 of 2021 ( CIS 904/ 2021 ).
(Anil Kumar Sinha, J)
praful/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a case involving possession of illicit liquor where charge sheet is submitted and no criminal antecedents exist.
2 provisions across 2 enactments
Budhan Paswan
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
