The Patna High Court allowed bail to two petitioners in liquor contraband cases under the Bihar Prohibition and Excise Act, 2016, noting their lack of criminal antecedents and the nature of the charges.
Both petitioners directed to be enlarged on bail furnishing a bond of Rs. 10,000 with two sureties of the 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.55227 of 2021
Arising Out of PS. Case No.-429 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai
======================================================
SANJAY SINGH Son of Late Ram Awtar Singh @ Late Ram Avtar Singh Resident of Village- Bagdov, Ward No. 7, P.S.- Nayagaon, DistrictBegusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with CRIMINAL MISCELLANEOUS No. 7648 of 2022
Arising Out of PS. Case No.-429 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai
======================================================
MANOJ CHAUDHARY @ MANOJ KUMAR CHAUDHARY SON OF LATE JADO CHAUDHARY R/O VILLAGE- SAMAHO BIJURIYA TOLA, P.S.- SAMHAO, DISTRICT- BEGUSARAI, PRSENTLY R/O VILLAGENAGADAH, P.S.- MUFASSIL, DISTRICT- BEGUSARAI
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 55227 of 2021) For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP (In CRIMINAL MISCELLANEOUS No. 7648 of 2022) For the Petitioner/s : Mr. Amarjeet, Advocate For the Opposite Party/s : Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
2 05-04-2022 Heard learned counsel for the parties.
The two petitioners in the two applications have
prayed for grant of regular bail in connection with Town P.S. Case no. 429 of 2021 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Patna High Court CR. MISC. No.55227 of 2021(2) dt.05-04-2022 2/3
As per the prosecution case, 134.5 litres of liquor was recovered from the room taken on rent by one Manoj Chaudhary and while the petitioner Sanjay Singh was arrested at spot, it is stated that the other petitioner Manoj Chaudhary managed to escape.
It is submitted by learned counsel appearing for the petitioner Sanjay Singh that no incriminating article has been recovered from his possession. He is in custody since 10.7.2021 and has no criminal antecedent under the Bihar Prohibition and Excise Act, 2016.
On behalf of the petitioner Manoj Chaudhary, it is submitted that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. He is in custody since 15.12.2021 and has no criminal antecedent.
Heard learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, chargesheet having been submitted in the case and none of the petitioners having any antecedent under the Bihar Prohibition and Excise Act, 2016, both the petitioners are directed to be enlarged on bail in connection with Town P.S.
Patna High Court CR. MISC. No.55227 of 2021(2) dt.05-04-2022 3/3
Case no. 429 of 2021 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge I – cum – Special Judge (Excise), Begusarai.
(Partha Sarthy, J)
Spd/-
U T
2 issues framed by the court
Whether bail in a liquor contraband case should be granted considering the tenure and circumstances of seizure.
Whether the absence of incriminating articles in the possession of the accused warrants bail.
1 provisions across 1 enactments
Sanjay Singh
Manoj Chaudhary
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
