Hon'ble Court allowed bail to the petitioner in a dishonour of liquor case pending trial, directing release after framing of charges upon furnishing bond and deposit.
Petitioner released on bail after framing of charge upon furnishing bail bond of Rs. 25,000/- with two sureties of like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11306 of 2023
Arising Out of PS. Case No.-339 Year-2022 Thana- BHORE District- Gopalganj
======================================================
DIPAK YADAV S/o Paras Nath Yadav @ Paras Yadav R/o village- Balsera Tola Jahrulehata, P.S.- Unchkagaon, Distt- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Priyesh Kumar For the Opposite Party/s : Mr.Lakshmi Kant Sharma ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
2 05-05-2023
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
The petitioner seeks bail in connection with Bhore P.S. Case No. 339 of 2022 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (Amendment Act, 2018).
As per prosecution case, there is alleged recovery of 1124.20 litre country made liquor from pickup van in question. During course of investigation name of petitioner surfaced in this case on the basis of confessional statement of co-accused, as mentioned in the impugned order.
Learned counsel for the petitioner submits that petitioner is in custody since 19.12.2022 and bears criminal antecedent of ten cases of similar nature. Charge sheet has been
Patna High Court CR. MISC. No.11306 of 2023(2) dt.05-05-2023 2/3
submitted in the case and 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, petitioner is not apprehended on the spot, 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. 25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II cum Special Judge Excise-1, Gopalganj in connection with Bhore P.S. Case No. 339 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.11306 of 2023(2) dt.05-05-2023 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
1 issue framed by the court
Whether the petitioner should be released on bail after framing of charges.
1 provisions across 1 enactments
Dipak Yadav
The State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
