The Patna High Court granted bail to the petitioner, alleging offences for possession of wine and a pistol, considering his clean antecedents despite his prior custody.
Petitioner released on bail bonds of Rs.10,000/- with two sureties of Rs.10,000/- 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.5887 of 2023
Arising Out of PS. Case No.-78 Year-2022 Thana- BHADAUR District- Patna
======================================================
MUKESH KUMAR Son of Arun Yadav Resident of Village- Astabal, P.S.Ghoshwari, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Braj Bhushan Mishra For the Opposite Party/s : Mr.Abhay Kumar Roy
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
2 05-05-2023
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 Bhadaur P.S. Case No. 78 of 2022, registered for the offences punishable under Sections 37 of the Bihar Excise Prohibition Act and under Section 25 (1-b)a/26 and 27 of Arms Act.
As per allegation, smell of wine was emanating from the mouth of the petitioner and also a pistol and empty cartridges were recovered from his possession.
Learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent and he is under custody since 23.07.2022.
Considering the above-mentioned facts and circumstances, especially, the clean antecedent, let the petitioner,
Patna High Court CR. MISC. No.5887 of 2023(2) dt.05-05-2023 2/2
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 Special Judge Excise, Barh, Patna in connection with Bhadaur P.S. Case No. 78 of 2022, 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)
SONALI/-
U T
1 issue framed by the court
Whether the petitioner is entitled to be released on bail in connection with offences under the Bihar Excise Prohibition Act and the Arms Act.
3 provisions across 3 enactments
MUKESH KUMAR
The State of Bihar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
