In a bail petition under Bihar Prohibition and Excise Act, the High Court at Patna granted regular bail to the petitioner, considering his clean antecedents and ill-health, on furnishing a bond with sureties.
Release of the petitioner on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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.6126 of 2023
Arising Out of PS. Case No.-537 Year-2022 Thana- SURSAND District- Sitamarhi
======================================================
CHANDAN KUMAR, age about 25 years, Son of Ram Bharosh Das Resident of village - Bhupbhairav @ Bhupbhairo @ Bhairo Bhup Ward No.09, P.S. and Dist.- Sitamarhi
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar, Advocate For the Opposite Party/s : Ms.Renu Kumari, App
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
2 10-04-2023
As prayed for, learned counsel for the petitioner is permitted to make necessary correction in paragraph no.1 and prayer portion of this petition in course of the day.
Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks regular bail in connection with Sursand P.S. Case No. 537 of 2022 dated 26.10.2022 registered for the offence(s) punishable under Section(s) 30(a) of the Bihar Prohibition and Excise Act.
As per the prosecution, police personnel on secret information apprehended this petitioner with the alleged motorcycle and recovered in total 80.4 litres of Nepali liquor from a bag mounted at the back of the alleged motorcycle.
Patna High Court CR. MISC. No.6126 of 2023(2) dt.10-04-2023 2/2
The main submissions advanced by the learned counsel for the petitioner are that the petitioner has been languishing in jail since 27.10.2022 having fair and clean antecedent, against him the investigation has been completed and in the present time, petitioner’s health condition is not good and he is admitted in Sadar Hospital, Sitamarhi where his medical treatment is going on and he is 25 years old person.
Learned APP appearing for the State has opposed the bail prayer.
In view of the facts, as stated above, and mainly considering the petitioner’s fair and clean antecedent, his custody period as well as his ill-health, in the opinion of this Court a lenient approach can be taken in respect of the petitioner’s prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Sursand P.S. Case No. 537 of 2022.
(Shailendra Singh, J)
Sanjay/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner who is alleged to be involved in bribing liquor under Section 30(a) of the Bihar Prohibition and Excise Act.
Chandan Kumar
State of Bihar
Shailendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
