The High Court granted bail to the petitioner in a prohibition case involving recovered Nepali Saufi wine. Conditions included a personal surety and restrictions on similar offences.
The petitioner is enlarged on bail by furnishing a bond of Rs. 25,000 with two sureties of 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.2356 of 2023
Arising Out of PS. Case No.-687 Year-2022 Thana- SITAMARHI District- Sitamarhi
======================================================
MUKESH KUMAR @ MUKESH SAH S/O RAM KISHOR KANU Resident of village- Tandaspur, P.S.- Bathnaha, District- Sitamarhi, Presently residing at Village- Bariyarpur, P.S.- Bathnaha, District- Sitamarhi.
... ... Petitioner/s
Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Birendra Kumar For the Opposite Party/s : Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 13-03-2023
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
76.5 litres of Nepali Saufi wine has been recovered from three motorcycles.
Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got two criminal antecedents of similar nature as stated in paragraph-3 of the bail application. It is further submitted that nearby people disclosed the name of the petitioner. It is also submitted that
Patna High Court CR. MISC. No.2356 of 2023(2) dt.13-03-2023 2/3
there is no recovery from the conscious possession of the petitioner.
Petitioner is agree to deposit a sum of Rs. 30,000/(rupees thirty thousand) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.
Taking into consideration the fact that there is no recovery from the conscious possession of the petitioner, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court No.-II, Sitamarhi in connection with Sitamarhi P.S. Case No.687 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the further conditions that:
(i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.
(ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
Patna High Court CR. MISC. No.2356 of 2023(2) dt.13-03-2023 3/3
The bail bond of the petitioner shall be accepted by the learned court below on showing receipt of deposit of the aforesaid amount in Patna High Court Legal Services Committee.
(Anjani Kumar Sharan, J)
S.KUMAR/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a case alleging offences under Section 30(a) of the Bihar Prohibition and Excise Act.
MUKESH KUMAR @ MUKESH SAH
The State of Bihar
ANJANI KUMAR SHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
