Single Judge allowed the special bail petition of Sunil Kumar Sah in an excise case under the Bihar Prohibition and Excise Act, directing enlargement on bail upon furnishing bond and sureties subject to specific conditions.
Enlargement on bail with bond of Rs. 10,000 and two sureties, subject to conditions regarding investigation and non-interference.
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.25152 of 2023
Arising Out of PS. Case No.-90 Year-2022 Thana- SUPAUL District- Supaul
======================================================
Sunil Kumar Sah, son of Mishri Lal Sah Village- Itahari ward no- 9, PsSupaul Nadi Thana Dist- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Pramod Mishra For the Opposite Party/s : Ms.Shaheen Begum ======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER
2 18-05-2023 Heard Ld. counsel for the petitioner and Ld. APP
for the State.
The petitioner seeks bail in connection with S. T. Excise Case No. 909 of 2022, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
As per allegation, 22.5 litres of Nepali country made liquor was recovered from the house of one Rinku Devi.
Ld. counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this case. He further submits that nothing has been recovered
Patna High Court CR. MISC. No.25152 of 2023(2) dt.18-05-2023 2/4
from the conscious possession of the petitioner. He also submits that the name of the petitioner transpires only from the confessional statement of co-accused Rinku Devi, which has not evidentiary value in the eyes of law.
He further submits that the petitioner has been languishing in jail since 24.01.2023.
It has also been stated in paragraph no. 3 of the bail petition that the petitioner has earlier been made accused in four other cases.
It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.
However, Ld. APP for the State vehemently
opposes the prayer of the petitioner for bail.
Considering the aforesaid facts and circumstances, this application is allowed , directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Special Judge, Excise Court No. 1, Supaul, in connection with S. T.
Patna High Court CR. MISC. No.25152 of 2023(2) dt.18-05-2023 3/4
Excise Case No. 909 of 2022 on the following conditions:
(i) The petitioner will make himself available for interrogation by a police officer/court as and when required.
(ii) The petitioner will undertake that investigation/trial will not get hampered on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(v) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is
Patna High Court CR. MISC. No.25152 of 2023(2) dt.18-05-2023 4/4
wrong, Ld. court below shall cancel the bail bonds of the petitioner.
(vi) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail-bond will be cancelled by the court below.
Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.
(Jitendra Kumar, J)
skm/-
U T
2 issues framed by the court
Whether the petitioner is eligible for regular bail in the undermentioned excise proceedings.
Whether the petitioner had previously applied for bail which would demonstrate prima facie exuberance or misuse of process of law.
1 provisions across 1 enactments
Sunil Kumar Sah
The State of Bihar
Jitendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
