The Patna High Court disposed of a bail application by a petitioner facing arrest in an excise case involving seized foreign liquor. The court granted anticipatory bail, directing surrender with certain conditions.
Petitioner enlarged on bail on surrender within four weeks, bond of Rs. 10,000 with 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.8510 of 2022
Arising Out of PS. Case No.-437 Year-2020 Thana- PURNEA SADAR District- Purnia
======================================================
PIYUSH KUMAR S/O FUCHO YADAV RESIDENT OF VILLAGEEKANIYA, P.S.- MANSI, DISTRICT- KHAGARIA
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ranjeet Kumar Singh For the Opposite Party/s : Mr.Dashrath Mehta ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 05-08-2022
Heard learned counsel for the petitioner and learned
APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sadar P.S. Case no. 437 of 2020 instituted for the offence under Section 30(A) of the Bihar Prohibition and Excise Act and Sections 272, 273, 34 of the Indian Penal Code.
Prosecution case relates to recovery of 24.450 litres of foreign liquor from the motorcycle of the petitioner, and co accused who were riding on the said motorcycle, were arrested on spot, who disclosed the name of the petitioner.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner has no
Patna High Court CR. MISC. No.8510 of 2022(2) dt.05-08-2022 2/2
concern with the alleged recovery. Due to medical need, coaccused persons have taken the said motorcycle from the petitioner on request, which is mentioned in para-8 of the petition. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Sadar P.S. Case no. 437 of 2020, he will be enlarged on bail 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) Judge Cum Second Additional Sessions Judge, Purnea subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J)
sushma/- U
1 issue framed by the court
Whether the petitioner is eligible for anticipatory bail apprehending arrest in connection with offences under Bihar Prohibition and Excise Act and IPC Sections 272, 273, 34.
1 provisions across 1 enactments
Piyush Kumar S/O Fucho Yadav
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
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