High Court allowed bail to the petitioner charged under Bihar Prohibition and Excise Act for liquor recovery, directing release after framing of charge with conditions regarding sureties and trial cooperation.
Petitioner released on bail after framing of charge on furnishing bond of Rs. 10,000 with two sureties.
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.37265 of 2023
Arising Out of PS. Case No.-189 Year-2023 Thana- DAUDNAGAR District- Aurangabad
======================================================
SUDHIR KUMAR @ SUDHIR SINGH Son of Late Umesh Singh Resident of Village- Chhitari, PS- Saraiya, district- Muzaffarpur, Bihar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Satish Kumar Pandey For the Opposite Party/s : Mr.Pronoti Singh ======================================================
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 Daudnagar P.S. Case No. 189 of 2023 registered for the offences punishable under Sections 30(a)/32/41(1) of the Bihar Prohibition and Excise Amendment Act.
As per prosecution case, there is alleged recovery of altogether 1784.52 liters foreign liquor from the truck in question and Hundai Xcent car in question. Petitioner and others are apprehended on spot.
Learned counsel for the petitioner submits that petitioner is in custody since 03.04.2023. Petitioner bears four criminal antecedents out of which one case is of similar nature. Learned counsel further submits that the petitioner is innocent
Patna High Court CR. MISC. No.37265 of 2023(2) dt.15-06-2023 2/3
and has committed no offence as alleged in the F.I.R. Nothing has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 Cr.P.C. The petitioner has no concern with the alleged vehicle.
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, argument advanced on behalf 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 Court, Excise, Aurangabad in connection with Daudnagar P.S. Case No. 189 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 dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself.
Patna High Court CR. MISC. No.37265 of 2023(2) dt.15-06-2023 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)
amitkr/-
U T
1 issue framed by the court
Whether the petitioner is eligible for bail despite having criminal antecedents.
2 provisions across 2 enactments
Sudhir Kumar @ Sudhir Singh
The State of Bihar
Allok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
