High Court at Patna granted bail to three petitioners arrested under the Bihar Prohibition and Excise Act for alleged liquor trafficking.
Release on bail with bonds of Rs. 10,000/- each and two sureties of like amount subject to specific conditions.
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.13471 of 2023
Arising Out of PS. Case No.-616 Year-2022 Thana- BEUR District- Patna
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Ram Jiban Pd. Singh, Advocate For the Opposite Party/s : Mr. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
2 10-05-2023
Petitioners seek bail, who are in custody since 28.11.2022 in connection with Spl. Case No. 8129 of 2022 arising out of Beur P.S. Case No. 616 of 2022, F.I.R. dated 27.11.2022 for the offences punishable under Sections 30(a) and 37 of Bihar Prohibition and Excise Act.
According to prosecution case, upon receiving secret information the informant along with other constables raided the alleged place and upon seeing the police party six accused persons tried to run away but they were all caught. It is further alleged that 92 litres of country made mahua liquor was
Patna High Court CR. MISC. No.13471 of 2023(2) dt.10-05-2023 2/3
recovered from the place.
Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case merely on the basis of suspicion. He further submits that it appears from the FIR that nothing has been recovered from the conscious possession of the petitioners and recovery has been made in front of the community hall and petitioners have no concern with the alleged recovery of the liquor and there is non-compliance of Section 100 of Cr.P.C. He further submits that the police after investigation submitted the charge sheet against the petitioners and the petitioners are in judicial custody since 28.11.2022.
The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioners.
Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Beur P.S. Case No. 616 of 2022, subject to the following conditions:-
and shall be properly represented on each and every
Patna High Court CR. MISC. No.13471 of 2023(2) dt.10-05-2023 3/3
date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.
(Rajesh Kumar Verma, J)
Shahnawaz/-
U T
2 issues framed by the court
Whether the petitioners are eligible for bail given the allegations under the Bihar Prohibition and Excise Act and the recovery of liquor from a community hall.
Whether the non-compliance of Section 100 of Cr.P.C. regarding the mode of recovery affects the grant of bail and credibility of the prosecution case.
2 provisions across 2 enactments
Sonu Kumar @ Puchu @ Pachu
Santosh Manjhi @ Kaua @ Karu
Yogendra Manjhi
The State of Bihar
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
