Granted bail to the petitioner in Special Excise Case No. 348 of 2023 involving liquor offences after framing of charge, requiring a bond of Rs. 10,000 with two sureties and adherence to specific conditions.
Petitioner released on bail upon furnishing a bond of Rs. 10,000 with two sureties after framing of charge.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36539 of 2023
Arising Out of PS. Case No.-114 Year-2023 Thana- SAHPUR District- Patna
======================================================
JAI LAL MAHTO SON OF SRI SURAJ MAHTO RESIDENT OF VILLAGE- GANGAHARA (NONIYA TOLI), PS- SHAHPUR, DISTTPATNA
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ghanshyam Tiwary For the Opposite Party/s : Mr.Nirmal Kumar Sinha ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
2 14-06-2023
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Special Excise Case No. 348 of 2023 arising out of Shahpur P.S. Case No. 114 of 2023 registered for the offences punishable under Sections 30(a), 41, 56 of the Bihar Prohibition and Excise Amendment Act.
As per prosecution case, there is alleged recovery of 250 liters illicit country made liquor from the place of occurrence. Petitioner is not apprehended on spot. Local people disclosed the name of present petitioner and others as they are involved in business of illicit liquor.
Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.36539 of 2023(2) dt.14-06-2023 2/3
petitioner is in custody since 16.03.2023. Petitioner bears one criminal antecedent of similar nature. Learned counsel further submits that the petitioner is not apprehended on spot. Nothing has been recovered from the conscious possession of the petitioner. There is no compliance of provisions of Section 100 of the Cr.P.C.
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 as well as period of custody, petitioner is not apprehended on spot, keeping in view clean antecedent of the petitioner 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 bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Danapur (Patna) in connection with Special Excise Case No. 348 of 2023 arising out of Shahpur P.S. Case No. 114 of 2023, 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.
Patna High Court CR. MISC. No.36539 of 2023(2) dt.14-06-2023 3/3
(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.
(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)
amitkr/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a special excise offence case pending investigation.
Jai Lal Mahto
State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
