Petitioner sought bail in a liquor smuggling case under IPC and Bihar Prohibition Act. Court granted bail directing release on bonded sum with specific conditions regarding presence and failure to appear.
Petitioner directed to be released on bail by furnishing bonds of Rs. 20,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4397 of 2023
Arising Out of PS. Case No.-234 Year-2022 Thana- ARA MUFFSIL District- Bhojpur
======================================================
Chandan Singh Son of Late Surendra Kumar Singh @ Late Surendra Singh R/V- Badki Singhi P.s- Arrah Nagar, Dist- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Anant Kumar Pandey, Advovate For the Opposite Party/s : Mr. Lalan Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
2 04-03-2023
Heard learned counsel for the petitioner and learned
APP for the State through video conferencing.
Let the defect (s), if any, as pointed out by the office be removed within a period of four weeks.
In the present case, the petitioner seeks bail in connection with Arrah Muffasil P.S. Case No. 234 of 2022 registered for the alleged offences under Sections 467, 468, 477 and 420 of the Indian Penal Code and Sections 30(a), 32(iii) of Bihar Prohibition and Excise (Amendment) Act, 2018.
As per prosecution case, during night patrolling, a Pick-up van was intercepted on suspicion and three persons got down and tried to flee away and two co-accused persons were apprehended. The apprehended co-accused persons disclosed the name of third co-accused. On search of the vehicle, 569.520
Patna High Court CR. MISC. No.4397 of 2023(2) dt.04-03-2023 2/3
liters of illicit Indian made foreign liquor was recovered. The apprehended co-accused Shakti Kumar Singh disclosed the name of the petitioner along with other co-accused persons who were involved in the illicit trade of liquor.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner has nothing to do with the alleged place of occurrence. The petitioner was not apprehended from the spot and nothing incriminating has been recovered from his conscious possession. The petitioner is neither the owner nor the driver of the vehicle. The persons who were apprehended from the spot, have been granted bail by a Co-ordinate Bench of this Court vide order dated 02.12.2022 passed in Criminal Misc. No. 55908 of 2022 and order dated 14.10.2022 passed in Criminal Misc. No. 51729 of 2022. The petitioner is in custody since 22.11.2022 and the charge-sheet has been submitted in this case.
Learned APP opposes the prayer for bail submitting that the petitioner is having criminal antecedent.
Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the petitioner was not apprehended from the spot and no recovery has been shown from him and further considering
Patna High Court CR. MISC. No.4397 of 2023(2) dt.04-03-2023 3/3
the period of custody of the petitioner along with the submission of charge-sheet, he is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1st , Bhojpur at Arrah in connection with Arrah Muffasil P.S. Case No. 234 of 2022, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail giving due consideration to custody duration and lack of recovery from his possession.heit
Colour shows how this judgement treated each authority
7 provisions across 3 enactments
Chandan Singh Son of Late Surendra Kumar Singh @ Late Surendra Singh
The State of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
