In an oral order, the Patna High Court allowed a bail application filed by Rahul Kumar. The court directed his enlargement on bail after he furnished bonds and sureties, subject to standard conditions.
Petitioner to be enlarged on bail by furnishing bonds and sureties to the satisfaction of the Exclusive Excise Court, Vaishali.
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.61430 of 2022
Arising Out of PS. Case No.-253 Year-2022 Thana- RAJAPAKAR District- Vaishali
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Rahul Kumar S/o Bhola Paswan Resident of Village- Mayil, P.S.- Bidupur, District- Vaishali at Hajipur
... ... Petitioner/s
Versus
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Sachin Kumar For the Opposite Party/s : Mr. Mritunjay Kumar Nirala
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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER
2 20-01-2023
Heard Ld. counsel for the petitioner and Ld. APP
for the State.
The petitioner seeks bail in connection with Rajapakar P.S. Case No. 253 of 2022, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.
As per allegation, 300 liters of liquor has been recovered from a tempo.
Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that nothing has been recovered
from the conscious possession of the petitioner rather the
Patna High Court CR. MISC. No.61430 of 2022(2) dt.20-01-2023 2/4
alleged recovery has been made from a tempo and the petitioner has no concern with it.
He further submits that the petitioner has been languishing in jail since 19.07.2022.
It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedents.
It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the present matter.
However, Ld. APP for the State vehemently
opposes the prayer of the petitioner for bail.
Considering the aforesaid facts and circumstances,
this application is allowed , directing the petitioner, above-
named, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Exclusive Excise Court no. II, Vaishali in connection with Rajapakar P.S. Case No. 253 of 2022 on the following conditions:
(i) The petitioner will make himself available for
Patna High Court CR. MISC. No.61430 of 2022(2) dt.20-01-2023 3/4
interrogation by a police officer/court as and when required.
(ii) The petitioner will undertake that
investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner.
Patna High Court CR. MISC. No.61430 of 2022(2) dt.20-01-2023 4/4
Ld. counsel for the petitioner is directed to remove
all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.
(Jitendra Kumar, J)
ramesh/-
U T
1 issue framed by the court
Whether to grant bail to the petitioner in connection with an excise case.
Rahul Kumar
The State of Bihar
Jitendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
