In an appeal for bail, the Patna High Court directed the petitioner to deposit Rs. 10,000 to secure release on bail, bonded with two sureties of the same amount to the Additional Sessions Judge in Gopalganj.
Petitioner to be enlarged on bail by depositing Rs. 10,000 and furnishing a bail bond of Rs. 10,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3632 of 2023
Arising Out of PS. Case No.-588 Year-2022 Thana- BHORE District- Gopalganj
======================================================
SANDEEP KUMAR S/o Lal Bahadur Mahato R/o village- Bharpurwa, P.S.Phulwariya, Distt- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Deepankar Raj For the Opposite Party/s : Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
3 18-04-2023
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case instituted for the offence under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
As per prosecution case, there has been recovery of 98.8 liters of illegal country-made liquor recovered from a motorcycle, bearing no. BR28M-9163, which was driven by the petitioner.
It is submitted by learned counsel for the
Patna High Court CR. MISC. No.3632 of 2023(3) dt.18-04-2023 2/3
petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern either with the seized vehicle or with the wine in question. From the perusal of the para-25 of the case diary, it appears that the seized vehicle does not belongs to petitioner. Nothing incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 12.12.2022.
The application for bail is opposed by learned APP for the State.
The petitioner is directed to deposit Rs. 10,000/(Ten thousand) in the account of concerned DLSA.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is 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 Additional Sessions Judge-II-cum-Special Judge, Excise-I, Gopalganj in connection with Bhore P.S. Case No. 588 of 2022.
Patna High Court CR. MISC. No.3632 of 2023(3) dt.18-04-2023 3/3
The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 10,000/- (Ten thousand) by the petitioner in the account
of concerned DLSA.
(Sunil Kumar Panwar, J)
arish/-
U T
1 issue framed by the court
Whether the petitioner is eligible to be granted bail in a case under Section 414 IPC and Section 30(a) of the Bihar Prohibition and Excise Act.
2 provisions across 2 enactments
Sandeep Kumar
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
