The Patna High Court granted regular bail to the petitioner in a liquor possession case under the Bihar Prohibition and Excise Act, 2016, directing furnishing of bond and sureties.
Enlargement on bail by furnishing a bond of Rs. 10,000 with two sureties of the 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.25256 of 2023
Arising Out of PS. Case No.-231 Year-2021 Thana- BUNIYAD GANJ District- Gaya
======================================================
Vinod Manjhi, Son of Chander Manjhi @ Chandra Manjhi Resident Of Village - Manpur Surajpokhar Bhuiyantoli, P.S. - Buniyadganj, Distt. - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar Saxena For the Opposite Party/s : Mr. Rajendra Singh ======================================================
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
Buniyadganj P.S. Case No.231 of 2021, registered for the offences punishable under Sections 30(a), 30(b) of the Bihar Prohibition and Excise Act, 2016.
As per allegation, 9 liters of liquor has been recovered from the place of occurrence.
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
from the conscious possession of the petitioner. He also
Patna High Court CR. MISC. No.25256 of 2023(2) dt.18-05-2023 2/4
submits that search and seizure has not been made as per the procedure as prescribed under Section 100 Cr. P.C. He also submits that the petitioner has not been arrested at the spot.
He further submits that the petitioner has been languishing in jail since 21.12.2022.
It has also been stated in paragraph no. 3 of the bail petition that the petitioner has earlier been made accused in two other cases.
It is also stated in paragraph no. 2 of the bail petition that the petitioner has moved this Court earlier for anticipatory bail vide Cr. Misc No. 32416.
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. Exclusive Special Excise Court No.1, Gaya, in connection with
Patna High Court CR. MISC. No.25256 of 2023(2) dt.18-05-2023 3/4
Buniyadganj P.S. Case No.231 of 2021 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
Patna High Court CR. MISC. No.25256 of 2023(2) dt.18-05-2023 4/4
below that statement regarding previous bail petition is 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
1 issue framed by the court
Whether the petitioner is eligible for regular bail in a liquor possession case under the Bihar Prohibition and Excise Act, 2016.
2 provisions across 2 enactments
Vinod Manjhi
The State of Bihar
Jitendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
