In a regular bail application under the Bihar Prohibition and Excise Act, 2016, the High Court enlarged the petitioner on bail upon furnishing a bond and two sureties, noting his lack of criminal antecedents.
Enlargement of the petitioner on bail in connection with PS Case No. 31 of 2022 upon furnishing a bond and two sureties.
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.7252 of 2022
Arising Out of PS. Case No.-31 Year-2022 Thana- FATUA District- Patna
======================================================
BHUSHAN @ BABLU @ ANAND BHUSHAN SON OF ARVIND KUMAR @ NAVIN RAY R/O VILLAGE- JETHULE, P.S.- NADI, DISTRICT- PATNA
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Jay Ram Prasad, Adv. For the Opposite Party/s : Mr. Khurshid Anwar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
2 01-04-2022 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 30(a) and 56(c) of the Bihar Prohibition and Excise Act, 2016.
As per the prosecution case, three vehicles were intercepted and on checking a total of 2301.12 litres of liquor was recovered.
It is submitted by learned counsel for the petitioner that from the contents of the FIR together with the seizure list it would transpire that 15.75 litres of liquor is alleged to have been recovered from the vehicle in which the petitioner was present. The petitioner has been falsely implicated in the case. He is in custody since 11.1.2022 and has no criminal antecedent.
Patna High Court CR. MISC. No.7252 of 2022(2) dt.01-04-2022 2/2
Chargesheet has been submitted in the case.
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the facts of the case specially the petitioner not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Fatuha P.S. Case no. 31 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 the learned Special Judge, Excise, Patna City, Patna.
Liberty is granted to the State to file an application for cancellation of bail in case it is discovered that the petitioner had any criminal antecedent and in case such an application is filed, the learned trial Court may proceed to cancel the bail bond of the petitioner.
(Partha Sarthy, J)
Bibhash/-
U
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a case involving liquor recovery under the Bihar Prohibition and Excise Act, 2016.
1 provisions across 1 enactments
Bhushan @ Bablu @ Anand Bhushan
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
