In an oral order dated 24-04-2023 in a criminal miscellaneous petition, the Patna High Court granted regular bail to the petitioner in an excise case involving recovery of a motorcycle and mahua wine, directing bail bond and sureties.
Released on bail by 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.12422 of 2023
Arising Out of PS. Case No.-206 Year-2022 Thana- CHANDI District- Bhojpur
======================================================
Satendra Yadav @ Satendra Singh S/O Late Shahanand Yadav R/O VillageRamdihal Tola, P.S.- Chandi, Distt- Bhojpur.
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Singh For the Opposite Party/s : Mr.Pronoti Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 24-04-2023
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30 (a), 36 Bihar Excise Act.
Prosecution case relates to recovery of one pulsar motorcycle, and total 160 liters country made mahua wine from the bank of Aahar dam which is situated north of village Ramdihal tola.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Petitioner has no concern with the alleged recovery and neither he was apprehended on the spot nor any incriminating has been recovered from his
Patna High Court CR. MISC. No.12422 of 2023(2) dt.24-04-2023 2/2
conscious possession. He has got no criminal antecedent. It is further submitted that the seizure list has not been prepared as per provision of u/s 100 of the Cr.P.C.. Similarly situated coaccused has already been granted bail by this Court vide order dated 04.04.2023 passed in Cr. Misc. No. 3222 of 2023. The petitioner is languishing in judicial custody since 15.12.2022.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chandi P.S. Case No. 206 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise Court Ist Bhojpur at Ara.
(Sunil Kumar Panwar, J)
Manish/-
U T
1 issue framed by the court
Whether the petitioner is eligible for regular bail in a case involving offences under sections 30(a) and 36 of the Bihar Excise Act.
1 provisions across 1 enactments
Satendra Yadav @ Satendra Singh
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
