The Patna High Court granted bail to the petitioner accused of offences under the Bihar Prohibition and Excise Act. The court accepted a waiver of police memorandum as condition precedent and allowed bail via a court registry account deposit.
Release on bail by deposit of Rs 10,000 into Bihar State Bar Council Welfare Fund account 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.12000 of 2023
Arising Out of PS. Case No.-165 Year-2022 Thana- GUTHANI District- Siwan
======================================================
Shashi Prakash Roy Son Of Shree Satya Deo Roy Resident Of VillageDumarahar, P.S.- Darauli, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Rama Nand Poddar, Advocate For the Opposite Party/s : Mr.Ramesh Chandra, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 27-04-2023
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.
As per FIR, 9 liters foreign made liquor was recovered from the Motorcycle of the petitioner.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No incriminating article has been recovered from the conscious possession of the petitioner. He further submits that petitioner is owner of the motorcycle and he has no concern about the said liquor and co-accused Deepak Rai was apprehended with the liquor at the place of occurrence. The
Patna High Court CR. MISC. No.12000 of 2023(2) dt.27-04-2023 2/3
petitioner has got no criminal antecedent as stated in para-3 of the bail application.
Petitioner is agreed to deposit a sum of Rs. 10,000 ( Ten thousand) in the account of Bihar State Bar Council Welfare Fund bearing Account No.31861041899, IFSC Code: SBIN0010340, State Bank of India, High Court Campus, Patna.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Guthani P.S. Case No. 165 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that
(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.
(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
The bail bond of the petitioner shall be accepted by
Patna High Court CR. MISC. No.12000 of 2023(2) dt.27-04-2023 3/3
the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Bihar State Bar Council Welfare Fund, Patna.
(Anjani Kumar Sharan, J)
N.K/- U T
3 issues framed by the court
Whether the petitioner be released on bail in a case under the Bihar Prohibition and Excise Act.
Whether the petitioner is guilty of the alleged offence of carrying foreign liquor.
Whether a police memorandum or welfare fund deposit is required for bail.
2 provisions across 2 enactments
Shashi Prakash Roy
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
