In an oral order, the Patna High Court granted bail to the petitioner in a case relating to illicit liquor smuggling and manufacturing offences. The court directed him to furnish a bail bond of Rs. 20,000 with two sureties of the same amount.
Petitioner released on bail by furnishing bond of Rs. 20,000 with two sureties of like amount.
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.38983 of 2023
Arising Out of PS. Case No.-147 Year-2017 Thana- LAURIA District- West Champaran
======================================================
Subash@ Subash Singh, Son Of Sri Balveer @ Balveer Singh, Resident Of Village- Ludana Tah Safido, Ps -JIND, District- Jind, Haryana
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Vishwajeet Kumar Mishra, Advocate For the Opposite Party/s : Mr.Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 05-07-2023
Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner has preferred this application for grant of regular bail in connection with P.S. Lauriya P.S. Case No. 147 of 2017 dated 02.06.2017 registered for the offences punishable u/ss 272, 273, 420, 467, 468, 471, 120B and 414 of the Indian Penal Code and u/ss 30(a), 35(a), 36, 38, 41 and 47 of the Bihar Prohibition and Excise Act.
As per the prosecution case, 1451.52 litres of illicit liquor was recovered from a truck. It is further stated that the petitioner is the owner of the said truck.
Patna High Court CR. MISC. No.38983 of 2023(2) dt.05-07-2023 2/2
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. He has further submitted that the petitioner is the owner of the said truck and he is in the business of renting out his truck and earning his livelihood. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 02.04.2023.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bettiah, West Champaran in connection with P.S. Lauriya P.S. Case No. 147 of 2017.
The application stands allowed.
(Chandra Prakash Singh, J)
Gautam/-
U T
1 issue framed by the court
Whether the petitioner is entitled to be released on bail furnishing a bond of Rs. 20,000 with two sureties.
2 provisions across 2 enactments
Subash@ Subash Singh
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
