A petition for bail was filed by two accused persons alleged to be implicated in offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 involving recovery of foreign liquor. The court granted bail subject to conditions.
Petitioners released on bail on furnishing bail bond of Rs. 10,000 each with two sureties under specified conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22062 of 2023
Arising Out of PS. Case No.-362 Year-2022 Thana- DINARA District- Rohtas
======================================================
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Zainul Abedin For the Opposite Party/s : Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
2 10-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners seek bail in connection with Dinara P.S. Case No. 362 of 2022 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.
As per prosecution case, there is alleged recovery of 293.760 litre foreign liquor from the Magic Pick-up van in question. It is further alleged that local chowkidar disclosed the name of both petitioners who fled away from the spot.
Learned counsel for the petitioners submits that petitioner no. 1 is in custody since 09.12.2022 and petitioner no.
Patna High Court CR. MISC. No.22062 of 2023(2) dt.10-05-2023 2/3
2 is in custody since 11.12.2022. Petitioners bear no criminal antecedent. Charge sheet has been 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 petitioners.
Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent, 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 petitioners above named be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned I/C Special Judge, Excise-1, Rohtas at Sasaram in connection with Dinara P.S. Case No. 362 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) Petitioners will co-operate in trial and will remain present on all dates and absence for two consecutive
Patna High Court CR. MISC. No.22062 of 2023(2) dt.10-05-2023 3/3
dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.
(iii) If the petitioners tamper 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)
alok/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioners in connection with Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
1 provisions across 1 enactments
Pawan Kumar
Vikas Kumar
The State of Bihar
Allok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
