The Patna High Court granted bail to the petitioner in an excise case pending trial after charge, conditional upon furnishing a bail bond and complying with specific stipulations regarding cooperation in trial and non-tampering with evidence.
Petitioner to be released on bail after framing of charge, subject to bond 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.22378 of 2023
Arising Out of PS. Case No.-150 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur
======================================================
RAVI KUMAR Son of Mahesh Prasad @ Mahesh Prasad Sah Resident of village - Musarigharari, Ward No.- 7, P.S.- Musarigharari, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Mahendra Pratap For the Opposite Party/s : Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
2 10-05-2023
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
The petitioner seeks bail in connection with Excise P.S. Case No. 150 of 2020 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
As per prosecution case, there is alleged recovery of 4.200 litre foreign liquor from the house and asbestos shop of the petitioner and one co-accused apprehended on the spot and petitioner managed to flee away from the spot.
Learned counsel for the petitioner submits that petitioner is in custody since 27.09.2022 and bears criminal antecedent of two cases in which one is similar to the present
Patna High Court CR. MISC. No.22378 of 2023(2) dt.10-05-2023 2/3
case. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that petitioner is not apprehended on spot. He further submits that petitioner is quiet innocent and has falsely been implicated in the case.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody, petitioner is not apprehended on spot, 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 petitioner above named be released on bail, after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Court-02, Samastipur in connection with Excise P.S. Case No. 150 of 2020, 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.
Patna High Court CR. MISC. No.22378 of 2023(2) dt.10-05-2023 3/3
(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 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)
vashudha/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in EC cases punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
1 provisions across 1 enactments
Ravi Kumar
The State of Bihar
Alak Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
