Allowed

Shyam Bihari @ Babua Jee v. The State of Bihar

Patna HC8 Feb 2023CR. MISC./2243/2023

Case brief

AI extract

What is this about?

The High Court of Patna granted anticipatory bail to petitioners charged under the Bihar Prohibition and Excise Act, 2016 for manufacturing country-made liquor. The court noted recovery was from an open place near a river, justifying bail, and imposed strict surrender and attendance conditions.

What did the court decide?

Released on bail of Rs. 10,000 with two sureties upon surrender within four weeks, subject to conditions of regular attendance and not tampering with evidence.

Shyam Bihari @ Babua Jee Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2243 of 2023

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Arising Out of PS. Case No.-130 Year-2022 Thana- CHANDI District- Bhojpur

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SHYAM BIHARI @ BABUA JEE Son of Late Mahjidi Singh.

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Jilal singh Son of Late Jhunuk Singh @ Late Jhunuk Sadhu Singh, resident of village- Salempur, P.S- Chandi, Dist- Bhojpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr.Prabhat Kumar Singh, Advocate For the Opposite Party/s : Mr.Bharat Lal, APP

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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3 08-02-2023

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Heard learned counsel for the petitioners and learned

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APP for the State.

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The petitioners apprehend their arrest in connection with Chandi P.S. Case No.130 of 2022 instituted under Sections 30(a)/36 of the Bihar Prohibition and Excise Act, 2016.

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As per the prosecution story, the informant alleged that on secret information that some named accused including the petitioners herein are preparing countrymade liquor and accordingly reached the place. The accused persons escaped whereas two gallons of 40 liters each totalling 80 liters countrymade ‘Mahua’ wine was/were recovered/seized and the locals gave the name of the persons who escaped, the petitioner being one of them.

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Learned counsel for the petitioners submit that

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Patna High Court CR. MISC. No.2243 of 2023(3) dt.08-02-2023 2/3

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nothing has been recovered from their conscious possession and only due to enmity they have been named. The recovery/seizure is also from an opened place near the bank of river and in that background they deserve relief.

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Learned APP on the other hand opposes the prayer showing the recovery of 80 liters ‘Mahua’.

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Considering the aforesaid facts as also that the recovery is from an open place, this Court is inclined to grant them privilege of bail.

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Let the petitioners be released on bail, in the event of their arrest or surrender before the Sub-ordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each in connection with Chandi P.S. Case No.130 of 2022 to the satisfaction of learned Ist Exclusive Special Excise Court, Bhojpur at Ara, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further conditions that:

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(i) one of the bailor should be the family member of the petitioners who shall provide official document to show his/her bona fide;

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(ii) the petitioners will make himself available to the

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Patna High Court CR. MISC. No.2243 of 2023(3) dt.08-02-2023 3/3

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police as and when required in course of investigation;

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(iii) the petitioners shall appear on each and every

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date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial court itself;

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(iv) the petitioners shall appear before the concerned police station every fortnight for next six months to mark attendance;

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(v) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

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(vi) the petitioners shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds.

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(Rajiv Roy, J)

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Prakash Narayan /- U T

Shyam Bihari @ Babua Jee v. The State of Bihar

Case brief

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What did the court decide?

Shyam Bihari @ Babua Jee v. The State of Bihar

Case brief

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What did the court decide?

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