Hon'ble Justice Rajiv Roy granted anticipatory bail to the petitioner, apprehending arrest in an Excise case involving illegal liquor seized from a joint house, imposing strict conditions for release.
Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties of like amount, subject to specific conditions.
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.45611 of 2023
Arising Out of PS. Case No.-271 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur
======================================================
AJAY KUMAR @ AJAY KUMAR RAI @ AJAY RAI Son of Ram Naresh Rai @ Chini Resident of village-Kapurpatti, Ward No. 14, P.S.-Kalyanpur, District-Samastipur
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Gajendra Prasad Yadav, Advocate For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER
2 04-08-2023
Heard the learned Counsel for the petitioner and
Mr. Gauri Shankar Gupta who represent the State.
The petitioner apprehends his arrest in connection
with Excise P.S. Case No. 271 of 2023 for the offence punishable under Sections 30 (a), of the Bihar Prohibition And Excise Act, 2018 lodged on 05.04.2023 by the informant Sanjay Rajak.
As per the prosecution story, the police upon secret information raided the house of accused persons and recovered/seized 1098 liters illegal English Wine. Accordingly, the FIR.
Learned counsel for the petitioner submits that it is a joint house, the petitioner was not present there and further the
Patna High Court CR. MISC. No.45611 of 2023(2) dt.04-08-2023 2/3
seizure list does not show the signature of the accused person rather of only police officials.
Learned APP opposes the prayer stating that he has criminal antecedent.
Considering the fact the alleged recovery is from a joint house and the seizure list does not show signature of anyone, this Court is inclined to extend him the privilege of bail with conditions.
Let the petitioner, in the event of his arrest or surrender within a period of four weeks from the date of the receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of Special Judge (Excise)-2, Samastipur in connection with Excise P.S. Case No. 271 of 2023, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
Patna High Court CR. MISC. No.45611 of 2023(2) dt.04-08-2023 3/3
(iii) the petitioner shall appear before the concerned police station every month till the conclusion of the trial to mark
his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
With the aforesaid observations, the anticipatory bail application is allowed.
(Rajiv Roy, J)
Jagdish/Jyoti/-
3 issues framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest in a Bihar Excise case.
What conditions should be imposed for the grant of anticipatory bail to ensure his release and appearance.
Whether the lack of accused's signature in the seizure list from a joint house influences the decision to extend bail.
2 provisions across 2 enactments
Ajay Kumar @ Ajay Kumar Rai @ Ajay Rai
The State of Bihar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
