In bail application for offence of manufacture and sale of foreign liquor, High Court applied lenient approach considering petitioner was not seized at spot and co-accused granted bail, directing release on bond with two sureties.
Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2366 of 2023
Arising Out of PS. Case No.-172 Year-2021 Thana- SARAI District- Vaishali
======================================================
ALOK KUMAR @ ALOK KUMAR SINGH Son of Bacha Singh @ Bachanand Singh R/v- Anjani, P.S.- Sarai, Dist- Vaishali
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Rajesh Kumar, Advocate For the Opposite Party/s : Mr.Khurshid Anwar, App ======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
3 20-03-2023
Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks regular bail in connection with Sarai P.S. Case No.172/2021 registered for the offence(s) punishable under Section(s) 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
As per the prosecution, 6.3 litres of foreign liquor was recovered from the dickey of the scooty of the petitioner.
The main submissions advanced by the learned counsel for the petitioner are that as per the FIR, 6.3 litres of foreign liquor is said to have been recovered from the dickey of the Honda Activa scooty which is registered in the name of the petitioner but the said vehicle of the petitioner was planted by the police and the petitioner was not arrested at the spot and
Patna High Court CR. MISC. No.2366 of 2023(3) dt.20-03-2023 2/3
the recovery of the large quantity of the wine was made from the poultry farm of co-accused Dhiraj Kumar @ Vicky and as per the prosecution the petitioner managed to escape but he was identified by the police Chowkidar and the said fact is completely unbelievable. Further submission is that the main co-accused Dhiraj Kumar @ Vicky, from whose poultry farm, 521.640 litres of foreign liquor was allegedly recovered, has been granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No.54656 of 2022 and another coaccused Vikash Kumar has also been granted bail by a coordinate Bench of this Court vide order passed in Cr. Misc. No.64153 of 2022, though against the petitioner there are antecedents of five cases, out of which petitioner has been granted anticipatory bail in one case, in second case, he has been granted regular bail by the lower court itself and in third case, he has been granted bail by this Court and prayer for bail in rest of the cases is pending before this Court. Further submission is that there is no independent witness of the alleged recovery of wine and the petitioner has been remanded in the present case on 10.10.2022.
Learned APP appearing for the State has opposed the bail prayer.
Patna High Court CR. MISC. No.2366 of 2023(3) dt.20-03-2023 3/3
In view of the facts, as stated above, and mainly the facts that the petitioner was not apprehended at the spot as appears from the FIR and the co-accused Dhiraj Kumar @ Vicky, from whose poultry farm, large quantity of wine was recovered, has been granted bail by a co-ordinate Bench of this Court, in the opinion of this Court a lenient approach can be taken in respect of the petitioner’s prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Sarai P.S. Case No.172/2021.
(Shailendra Singh, J)
Sanjay/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in栽种 foreign liquor conspiracy charge given non-arrest at spot and co-accused bail.
2 provisions across 2 enactments
Allok Kumar @ Allok Kumar Singh
The State of Bihar
Shailendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
