The High Court granted bail to the petitioner accused under the Bihar Prohibition and Excise Act, accepting his clean antecedent and lack of conscious possession over recovered liquor. Bail bonds were fixed with specific conditions.
Petitioner released on bail by furnishing a bond of Rs. 10,000 with two sureties of the same amount along with 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.58012 of 2023
Arising Out of PS. Case No.-338 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Madhubani
======================================================
Ajay Sada S/O Late Pancha Sada @ Panchu Sada R/O Village- Kamtoul, P.S. Harlakhi, Dist.Madhubani
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shailendra Kumar Jha, Advocate For the Opposite Party/s : Mrs.Sucheta Yadav,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
2 06-09-2023
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Patna High Court CR. MISC. No.58012 of 2023(2) dt.06-09-2023 2/3
recovery has been made from the Tempo in question and the petitioner has no concern at all with the alleged recovery of illicit liquor and the petitioner is not owner of the vehicle in question and the police, after investigation, submitted the chargesheet against the petitioner and the petitioner is in custody since 16.04.2023.
(I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.58012 of 2023(2) dt.06-09-2023 3/3
(II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail on the grounds of clean antecedent and lack of conscious possession of illicit liquor.
1 provisions across 1 enactments
Ajay Sada
The State of Bihar
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
