The Patna High Court granted regular bail to the petitioner, who was accused in a liquor-related FIR, directing him to furnish a bail bond of Rs. 20,000 with two sureties and adhere to attendance conditions.
Enlargement on bail on furnishing bond of Rs. 20,000 with two sureties of 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.47525 of 2023
Arising Out of PS. Case No.-46 Year-2023 Thana- MADHWAPUR District- Madhubani
======================================================
VINAI KUMAR @ VINAY KUMAR S/O KALI PRASAD SINGH R/O Village- Samauli, P.S- Pupri, Distt.- Sitamarhi.
.. ... Petitioner/s
Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Jha, Advocate For the Opposite Party/s : Ms. Sharda Kumar. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 04-08-2023
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.
2. Heard learned counsel for the petitioner and learned A.P.P for the State.
3. The petitioner has preferred this application for grant of regular bail in connection with Madhwapur P.S. Case No. 46 of 2023 dated 15.05.2023 registered for the offence punishable under Sections 272, 273 and 414 of the Indian Penal Code and Sections 30(a) of the Bihar Prohibition and Excise Act.
4. As per the prosecution case, total 22.14 litres of illicit liquor was recovered from the bag loaded on the motorcycle.
Patna High Court CR. MISC. No.47525 of 2023(2) dt.04-08-2023 2/2
5. 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. The petitioner is accused in six other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 16.05.2023.
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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, Madhubani in connection with Madhwapur P.S. Case No. 46 of 2023, with the condition :-
(i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
8. The application stands allowed.
(Chandra Prakash Singh, J)
atul/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in connection with offences under Sections 272, 273, 414 IPC and Section 30(a) of the Bihar Prohibition and Excise Act.
4 provisions across 2 enactments
VINAI KUMAR @ VINAY KUMAR
The State of Bihar
CHANDRA PRAKASH SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
