The Patna High Court granted bail to the petitioner in a case involving illegal liquor transportation under IPC and Bihar Prohibition Act, subject to specific conditions regarding sureties, trial cooperation, and evidence tampering.
Released on bail by furnishing a bond of Rs. 10,000/- with two sureties under specified conditions.
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.29630 of 2023
Arising Out of PS. Case No.-290 Year-2022 Thana- RAGHOPUR District- Vaishali
======================================================
BUDDHU KUMAR SON OF DEVCHARAN RAI VILLAGE- JAFRABAD DIH, PS- RAGHOPUR (RUSTAMPUR OP), DISTT- VAISHALI
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ravish Mishra For the Opposite Party/s : Mr.Shailendra Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
2 15-05-2023
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
The petitioner seeks bail in connection with Raghopur (Rustampur O.P.) P.S. Case No. 290 of 2022 registered for the offences punishable under Sections 272, 273, 34 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
As per prosecution case, on the basis of secret information police team reached near Diyara of river Ganga and recovered 300 litre country made liquor from there. Local chowkidar disclosed the name of petitioner and others who fled away from there.
Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and he has
Patna High Court CR. MISC. No.29630 of 2023(2) dt.15-05-2023 2/3
falsely been implicated in this case. Petitioner is in custody since 19.03.2023 and bears no criminal antecedent. He further submits that petitioner is not apprehended on the spot.
The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, 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 Court (Second)-cum-Additional Sessions Judge, Vaishali at Hajipur in connection with Raghopur (Rustampur O.P.) P.S. Case No. 290 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 cancellation of bail by the learned Trial court itself.
Patna High Court CR. MISC. No.29630 of 2023(2) dt.15-05-2023 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)
shahzad/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail in the case arising from alleged violation of prohibition laws.
Whether the petitioner is apprehended on the spot or has committed any offence.
2 provisions across 2 enactments
Buddhu Kumar
State of Bihar
Allok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
