Regular bail sought in an excise case involving recovery of 1029.6 litres of english wine from a co-accused's bamboo clamp. Considering the period of custody and clean antecedents, the court granted bail with conditions including cooperation in trial.
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.4737 of 2023
Arising Out of PS. Case No.-455 Year-2021 Thana- BIBHUTIPUR District- Samastipur
======================================================
MANOJ PASWAN @ MANOJ KUMAR Son of Sri Mohan Paswan Resident of Village - Chakhabib, P.S.- Bibhutipur, District - Samastipur.
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajesh Ranjan For the Opposite Party/s : Ms.Rita Verma ======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
2 28-04-2023
Heard learned counsel for the petitioner as well as learned APP for the State.
In this case, the petitioner is seeking regular bail in connection with Excise G.R. No. 1355 of 2021 arising out of Bibhutipur P.S. Case No. 455 of 2021, registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act, 2016 and Amendment Act, 2018.
As per allegation, 1029.6 litres of english wine was recovered from the bamboo clamp of co-accused Chandra Shekhar Singh.
The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He is under custody since 28.10.2022. He has submitted further that on similar footing, other co-accused persons have been granted bail by a coordinate Bench of this Court in Cr. Misc. No. 13584 of 2022.
On the other hand, the learned APP has opposed the
Patna High Court CR. MISC. No.4737 of 2023(2) dt.28-04-2023 2/2
prayer for bail.
Considering the above-mentioned facts and circumstances as well as period of custody and clean antecedent of the petitioner, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned 2nd Additional District Judge cum Special Excise Judge-I, Samastipur in connection with Excise G.R. No. 1355 of 2021 arising out of Bibhutipur P.S. Case No. 455 of 2021, subject to the following conditions:-
(i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.
(Nawneet Kumar Pandey, J)
Kundan/Nirmal U T
1 issue framed by the court
Whether the petitioner, in custody since 28.10.2022 for recovery of english wine under the Bihar Prohibition and Excise Act, should be released on regular bail?
1 provisions across 1 enactments
Manoj Paswan @ Manoj Kumar
The State of Bihar
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
