High Court allowed bail to petitioner, apprehended as codriver in liquor possession case under Bihar Prohibition and Excise Act, holding lack of incriminating evidence in possession warrants release on bail bond.
Petitioner enlarged on bail on furnishing bond of Rs. 10,000 with two sureties and depositing Rs. 5,000 to District Legal Services Authority.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2884 of 2023
Arising Out of PS. Case No.-438 Year-2022 Thana- JAGDISHPUR District- Bhagalpur
======================================================
Nehal Kumar Son Of Ajay Kumar Kasera @ Ajay Prasad Kasera @ Ajay Kumar R/O Village- Asarganj, P.S.- Asarganj, District- Munger
... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Jyoti Ranjan Jha For the Opposite Party/s : Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
3 25-04-2023
Heard learned counsel for the petitioner and
learned APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.
Prosecution case relates to recovery of 115.200
litres of I.MF.L. from a Bolero bearing registration number BR-10K-3839. Petitioner is alleged to be codriver of the aforesaid vehicle and apprehended on spot.
It is submitted by learned counsel for the
petitioner that petitioner is innocent and he has falsely
been implicated in the present case. Petitioner has no
Patna High Court CR. MISC. No.2884 of 2023(3) dt.25-04-2023 2/3
concern either with the alleged recovery or with the vehicle in question. Nothing incriminating has been recovered from his conscious possession. There is no independent witness of the alleged seizure. Moreover, the petitioner is languishing in judicial custody since 20.09.2022.
In contra, learned A.P.P. vehemently opposed the prayer of Bail and submitted that petitioner is the co-driver of the vehicle from which huge quantity of liquor has been recovered.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge I, Bhagalpur in connection with Special Case No. 2999 of 2022 (Jagdispur P.S. Case No. 438 of 2022).
Patna High Court CR. MISC. No.2884 of 2023(3) dt.25-04-2023 3/3
The petitioner is directed to deposit a sum of
Rs. 5,000/-(Rupees Five Thousands) in the concerned District Legal Services Authority.
The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 5,000/-(Rupees Five Thousands) in District Legal Services Authority of concerned District.
(Sunil Kumar Panwar, J)
Nirajkrs/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a case involving recovery of liquor where he was apprehended as codriver but no incriminating evidence was found in his possession.
1 provisions across 1 enactments
Nehal Kumar Son Of Ajay Kumar Kasera
The State Of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
