The Patna High Court granted bail to the petitioner in a prosecution under the Bihar Prohibition and Excise Amendment Act for recovery of foreign liquor, allowing release after framing of charges on furnishing a bond and providing conditions.
Petitioner released on bail after framing of charges with a bond of Rs. 10,000 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.11273 of 2023
Arising Out of PS. Case No.-1363 Year-2022 Thana- KAHALGAON District- Bhagalpur
======================================================
GUDDU KUMAR Son of Arjun Mandal R/V- Saitpurakulkuliya P.SKahalgaon, dist- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Baijnath Sah For the Opposite Party/s : Mr.Nand Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
2 03-05-2023
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
The petitioner seeks bail in connection with Kahalgaon P.S. Case No. 1363 of 2022 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.
As per prosecution case, there is alleged recovery of 1.875 litre foreign liquor from a plastic bag which was being carried by the petitioner and he was apprehended on the spot.
Learned counsel for the petitioner submits that petitioner is in custody since 03.12.2022. Learned counsel has submitted through supplementary affidavit that petitioner bears criminal antecedent of three cases in which two cases are of similar nature. Charge sheet has been submitted in the case and
Patna High Court CR. MISC. No.11273 of 2023(2) dt.03-05-2023 2/3
there is no likelihood of tampering with the prosecution evidence.
The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XII cum Special Judge, Exclusive Excise Court No. 2, Bhagalpur in connection with Kahalgaon P.S. Case No. 1363 of 2022, subject to following conditions:-
(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for
Patna High Court CR. MISC. No.11273 of 2023(2) dt.03-05-2023 3/3
cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(Alok Kumar Pandey, J)
shahzad/-
U T
3 issues framed by the court
Whether the petitioner is entitled to bail subject to conditions after framing of charges.
Whether the period of custody and criminal antecedents warrant granting bail.
Whether the recovery of foreign liquor justifies denial of bail.
1 provisions across 1 enactments
Guddu Kumar
The State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
