Bail granted to petitioner in excise offence case involving recovery of illicit liquor from his vehicle, conditioned on bond and sureties.
Petitioner released on bail with bond of Rs. 10,000 and two sureties of the like amount each with specified conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36547 of 2023
Arising Out of PS. Case No.-153 Year-2023 Thana- KISHANGANJ District- Kishanganj
======================================================
DHAN LAL SINGH S/O UMESH LAL SINGH R/O-Shishabari, Ward No. 9, PS. Kochadhaman, Dist. Kishanganj
... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Amal Kumar Sinha For the Opposite Party/s : Mr.Dr. Indiwar Kumari ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
2 15-06-2023
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Special Case No. 227 of 2023 arising out of Kishanganj P.S. Case No. 153 of 2023 registered for the offences punishable under Sections 30(a), 32, 41, 47 of the Bihar Prohibition and Excise Act.
As per prosecution case, there is alleged recovery of 121.800 litre illicit liquor from the car of the petitioner and he was apprehended on the spot.
Learned counsel for the petitioner submits that petitioner is in custody since 11.04.2023 and bears no criminal antecedent. Petitioner is innocent and has committed no offence as alleged against him in FIR and he has falsely been implicated
Patna High Court CR. MISC. No.36547 of 2023(2) dt.15-06-2023 2/3
in the present case. He further submits that petitioner is owner of the said vehicle but he has no concern with the seized liquor. No incriminating article has been recovered from conscious possession of the petitioner.
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 Additional District and Sessions Judge II -cum- Speical Judge, (Excise) I, Kishanganj in connection with Special Case No. 227 of 2023 arising out of Kishanganj P.S. Case No. 153 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.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive
Patna High Court CR. MISC. No.36547 of 2023(2) dt.15-06-2023 3/3
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)
alok/-
U T
Dhan Lal Singh
The State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
