The Patna High Court granted regular bail to the petitioner in a case involving offences under the Bihar Prohibition and Excise Act, directing him to be released upon framing of charges upon furnishing a bond.
Petitioner enlarged on bail after framing of charges upon furnishing a bond of Rs.10,000 with two sureties of the like amount each.
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.4476 of 2023
Arising Out of PS. Case No.-795 Year-2022 Thana- PATLIPUTRA District- Patna
======================================================
Aman Kumar S/O Anand Prakash R/o- Kurji Balupar, P.S.- Digha, DistrictPatna
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raj Kumar, Adv. For the Opposite Party/s : Mr. Umanath Mishra, APP. ======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
2 03-04-2023
Let the defects, if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.
Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks regular bail in connection with Patliputra P.S. Case No. 795 of 2022 (Special Case No. 7915/2022) registered for the offences punishable under Sections 30(a) and 41(i) of Bihar Prohibition and Excise Act, 2018.
As per the prosecution, the informant along with other police personnel acting upon a secret information intercepted a car and apprehended this petitioner while other co-accused person managed to escape. It is further alleged that 150.055
Patna High Court CR. MISC. No.4476 of 2023(2) dt.03-04-2023 2/2
litres of liquor was recovered from the alleged car.
The main submissions advanced by petitioner's counsel are that the petitioner is not the owner of the seized car from which the alleged wine was recovered and the recovery of the said wine was not made from the conscious possession of this petitioner and he has fair and clean antecedent and has been languishing in jail since 23.11.2022 and against him the investigation has been completed.
Learned APP appearing for the State has opposed the bail prayer.
In view of the facts, as stated above and mainly considering the petitioner’s fair and clean antecedent as well as his custody period, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail after framing of charge , if the same has not been framed, on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Patliputra P.S. Case No. 795 of 2022 (Special Case No. 7915/2022).
(Shailendra Singh, J)
annu/- U T
1 issue framed by the court
whether the petitioner is entitled to regular bail after framing of charge
2 provisions across 2 enactments
Aman Kumar S/O Anand Prakash
The State of Bihar
Shaileendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
