This oral order grants bail to three petitioners facing charges of illegal liquor manufacturing. The Court allowed bail on bond with sureties, noting the liquor was not recovered from their physical possession and the investigation was complete.
Release on bail of Rs. 10,000 with two sureties each, subject to conditions under Section 437(3) CrPC.
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.66668 of 2022
Arising Out of PS. Case No.-81 Year-2022 Thana- NATIONAL HIGHWAY DistrictSamastipur
======================================================
RAJA KUMAR @ MAJNU Son of Yogendra Mahto Resident of VillageManpura, P.S.- N.H. Bangara, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
with CRIMINAL MISCELLANEOUS No. 69659 of 2022
Arising Out of PS. Case No.-81 Year-2022 Thana- NATIONAL HIGHWAY DistrictSamastipur
======================================================
SURENDRA DAS Son of Yugeshwa Das R/V- Motipur, P.S- Tajpur, DistSamastipur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 71967 of 2022
Arising Out of PS. Case No.-81 Year-2022 Thana- NATIONAL HIGHWAY DistrictSamastipur
======================================================
SONU KUMAR Son of Kameshwar Singh R/V- Ababakarpur, P.S- N.H. Bangara, Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 66668 of 2022) For the Petitioner/s : Mr.Mahendra Pratap, Advocate For the Opposite Party/s : Mr.Akshay Lal Pandit, APP (In CRIMINAL MISCELLANEOUS No. 69659 of 2022) For the Petitioner/s : Mr.Anuj Kumar, Advocate For the Opposite Party/s : Mr.Gauri Shankar Gupta, APP (In CRIMINAL MISCELLANEOUS No. 71967 of 2022) For the Petitioner/s : Mr.Shyameshwar Kumar Singh, Advocate For the Opposite Party/s : Mr.Dashrath Mehta, APP
Patna High Court CR. MISC. No.66668 of 2022(2) dt.23-12-2022 2/8
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
2 23-12-2022
In Cr. Misc. No. 66668 of 2022
Heard learned counsel appearing on behalf of the petitioner and learned counsel 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 N.H. Bangra P.S. Case No. 81 of 2022 registered for the offence under Sections 272, 273 of the Indian Penal Code and 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 27.08.2022.
The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there was recovery of 263.160 litres of IMFL/country made liquor.
Learned counsel appearing on behalf of the petitioner submitted that petitioner was not apprehended on the spot and, as such, it can be said that recovery of alleged illicit liquor was not made from the conscious physical possession of this petitioner. It is submitted that petitioner is a man of clean
Patna High Court CR. MISC. No.66668 of 2022(2) dt.23-12-2022 3/8
antecedent. While concluding the argument, it is submitted that investigation of this case is complete, where charge-sheet has been submitted, as such, there is no chance of tempering with the evidence.
Learned APP, 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 the conscious physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with N.H. Bangra P.S. Case No. 81 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Court-1, Samastipur/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C with further condition:
“That Accused/Petitioner
shall cooperate in the trial and shall be physically present on each and every date before the learned Trial Court till conclusion of the trial and
Patna High Court CR. MISC. No.66668 of 2022(2) dt.23-12-2022 4/8
exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioner duly supported by the documents.”
In Cr. Misc. No. 69659 of 2022
Heard learned counsel appearing on behalf of the petitioner and learned counsel 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 N.H. Bangra P.S. Case No. 81 of 2022 registered for the offence under Sections 272, 273 of the Indian Penal Code and 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 17.10.2022.
The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there was recovery of 263.160 litres of IMFL/country made liquor.
Learned counsel appearing on behalf of the petitioner submitted that petitioner was not apprehended on the spot and,
Patna High Court CR. MISC. No.66668 of 2022(2) dt.23-12-2022 5/8
as such, it can be said that recovery of alleged illicit liquor was not made from the conscious physical possession of this petitioner. It is submitted that petitioner involved in six (6) more cases of similar nature, his name surfaced in present case also out of suspicion, having otherwise no bearing over the merit of the present case. While concluding the argument, it is submitted that investigation of this case is complete, where charge-sheet has been submitted, as such, there is no chance of tempering with the evidence.
Learned APP, 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 the conscious physical possession of the petitioner coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with N.H. Bangra P.S. Case No. 81 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Court-1, Samastipur/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C with further condition:
“That Accused/Petitioner
Patna High Court CR. MISC. No.66668 of 2022(2) dt.23-12-2022 6/8
shall cooperate in the trial and shall be physically present on each and every date before the learned Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioner duly supported by the documents.”
In Cr. Misc. No. 71967 of 2022
Heard learned counsel appearing on behalf of the petitioner and learned counsel 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 N.H. Bangra P.S. Case No. 81 of 2022 registered for the offence under Sections 272, 273 of the Indian Penal Code and 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 09.11.2022.
The allegation against the petitioner is to be engaged
Patna High Court CR. MISC. No.66668 of 2022(2) dt.23-12-2022 7/8
in illegal trading/manufacturing of illicit liquor, where, there was recovery of 263.160 litres of IMFL/country made liquor.
Learned counsel appearing on behalf of the petitioner submitted that petitioner was not apprehended on the spot and, as such, it can be said that recovery of alleged illicit liquor was not made from the conscious physical possession of this petitioner. It is submitted that petitioner found involved in two (2) more cases, where he is on bail. While concluding the argument, it is submitted that investigation of this case is complete, where charge-sheet has been submitted, as such, there is no chance of tempering with the evidence.
Learned APP, 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 the conscious physical possession of the petitioner coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with N.H. Bangra P.S. Case No. 81 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Court-1, Samastipur/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C with
Patna High Court CR. MISC. No.66668 of 2022(2) dt.23-12-2022 8/8
further condition:
“That Accused/Petitioner
shall cooperate in the trial and shall be physically present on each and every date before the learned Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioner duly supported by the documents.”
(Chandra Shekhar Jha, J)
R.S.Sen/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail in cases involving illegal liquor manufacturing where liquor was not recovered from conscious possession.
Whether bail should be granted under Section 437(3) CrPC with conditions for physical appearance in trial for offences under Sections 272, 273 IPC and Section 30(a) Bihar Prohibition and Excise Act.
3 provisions across 3 enactments
Raja Kumar @ Majnu
Surendra Das
Sonu 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
