This is an oral order granting regular bail to the petitioner in a prohibited liquor case involving sections 272 and 273 IPC and Section 30(a) of the Bihar Prohibition and Excise Act. The Court allowed the bail application on a personal bond.
Petitioner enlarged on bail on furnishing a bail bond of Rs. 20,000 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.48524 of 2023
Arising Out of PS. Case No.-153 Year-2022 Thana- DARPA District- East Champaran
======================================================
ASHOK SINGH s/o PANNALAL SINGH R/O Village- Sukhalhiya, P.SDarpa, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Brajesh Kumar Singh For the Opposite Party/s : Mr.Nagendra Prasad ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 08-08-2023
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 Darpa P.S. Case No. 153 of 2022 dated 15.12.2022 registered for the offence punishable u/s 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
4. As per the prosecution case, total 61.05 litres of Nepali Kasturi liquor was recovered from the orchard of the petitioner.
Patna High Court CR. MISC. No.48524 of 2023(2) dt.08-08-2023 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 two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 27.03.2023.
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, East Champaran, Motihari in connection with Darpa P.S. Case No. 153 of 2022.
8. The application stands allowed.
(Chandra Prakash Singh, J)
atul/-
U T
1 issue framed by the court
Whether the petitioner should be released on regular bail furnishing bond and sureties.
2 provisions across 2 enactments
ASHOK SINGH
The State of Bihar
CHANDRA PRAKASH SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
