High Court granted bail to petitioner accused under Bihar Prohibition and Excise Act who was in custody for alleged recovery of country-made liquor, subject to furnishing bail bond and conditions.
Granted release on bail with bond of Rs. 10,000 and two sureties of 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.28872 of 2023
Arising Out of PS. Case No.-121 Year-2022 Thana- PURUSHOTTAMPUR District- West Champaran
======================================================
DHANANJAY MAHTO S/O UMAKANT MAHTO Resident of VillageTinuki, P.S.- Pokhariya, District- Parsa, Nepal.
... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Vishal Prasad For the Opposite Party/s : Mr.Raj Kishor Singh ====================================================== 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 Purushottampur P.S. Case No. 121 of 2022 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016
As per prosecution case, there is alleged recovery of 98.7 litre country made liquor from motorcycle in question and petitioner apprehended on spot
Learned counsel for the petitioner submits that petitioner is in custody since 31.12.2022 and bears criminal antecedent of one case which is different from the present case and he is on bail. Charge sheet has been submitted in the case
Patna High Court CR. MISC. No.28872 of 2023(2) dt.16-05-2023 2/3
and there is no likelihood of tampering with the prosecution evidence. He further submits that petitioner is quiet innocent and has falsely been implicated in the case.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the 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, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge Bettiah West Champaran in connection with Purushottampur P.S. Case No. 121 of 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
Patna High Court CR. MISC. No.28872 of 2023(2) dt.16-05-2023 3/3
cancellation of bail by the learned Trial court itself.
(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)
vashudha/-
U T
1 issue framed by the court
Whether the petitioner be released on bail in the case pertaining to offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
1 provisions across 1 enactments
Dhananjay Mahto
The State of Bihar
Allok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
