The Patna High Court granted bail to the petitioner pending framing of charges in a case involving country-made liquor under the Bihar Prohibition and Excise Act, subject to specific conditions.
Petitioner released on bail after framing of charge upon furnishing bail bonds of Rs. 10,000 with two sureties.
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.25927 of 2023
Arising Out of PS. Case No.-1035 Year-2022 Thana- SIKARPUR District- West Champaran
======================================================
VINAY PASWAN Son of Late Lorik Paswan Resident of village-Bhasurari, Ward No. 16, Police Station-Shikarpur, District-West Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Arvind Kumar For the Opposite Party/s : Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
2 16-05-2023
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Shikarpur P.S. Case No. 1035/2022 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
As per prosecution case, there is alleged recovery of 70 liters country made chulai liquor from two galans. The petitioner and other apprehended on the spot.
Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. He further submits that the petitioner is languishing in custody since 25.12.2022 and bears criminal antecedent of one case of similar nature in which he is on bail.
Patna High Court CR. MISC. No.25927 of 2023(2) dt.16-05-2023 2/3
Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence.
The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 1035/2022, subject to following conditions:-
(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial Court itself.
Patna High Court CR. MISC. No.25927 of 2023(2) dt.16-05-2023 3/3
(iii) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(Alok Kumar Pandey, J)
amitkumar/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail in connection with offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the conditions of bail can be framed after the submission of the charge sheet.
1 provisions across 1 enactments
Vinay Paswan
The State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
