In a criminal matter involving illegal liquor seizure, the Patna High Court granted regular bail to the petitioner who was not named in the FIR and had no criminal antecedents.
Petitioner directed to be enlarged on bail on furnishing bond of Rs. 10,000 with two sureties.
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.5351 of 2023
Arising Out of PS. Case No.-69 Year-2021 Thana- DURGAWATI District- Kaimur (Bhabua)
======================================================
RAVI YADAV SON OF UDAY SINGH R/O VILLAGE- KHURD MAHRO (JAIPUR), P.S.- MOHANIA, DISTRICT- KAIMUR AT BHABUA
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pawan Kumar Singh For the Opposite Party/s : Mr.Suresh Prasad Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 02-05-2023
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner has prayed for regular bail in a case instituted for the offence under Sections 414/34 of the IPC and 30(a) of the Bihar Prohibition and Excise Act.
As per prosecution case, there has been recovery of 334.380 liters of illegal liquor from a Car.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is neither named in the FIR nor apprehended on spot. He submitted that the petitioner has no concern either with the seized vehicle or with the wine in question. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody
Patna High Court CR. MISC. No.5351 of 2023(2) dt.02-05-2023 2/2
since 29.11.2022.
The application for bail is opposed by learned APP for
the State.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VII-cum-Spl. Judge Excise-II, Kaimur at Bhabhua in connection with Durgawati P.S. Case No. 69 of 2021.
(Sunil Kumar Panwar, J)
arish/-
U
1 issue framed by the court
Whether the petitioner should be granted regular bail in an offence under Sections 414/34 of IPC and Section 30(a) of the Bihar Prohibition and Excise Act.
2 provisions across 2 enactments
Ravi Yadav
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
