The Patna High Court granted regular bail to the petitioner since he was in custody for over two months despite recovery of illicit liquor from his possession, subject to furnishing a bond and weekly reporting requirements.
Regular bail allowed on bond of Rs. 10,000 with two sureties; mandatory weekly appearance at Ladaniya Police Station.
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.68496 of 2023
Arising Out of PS. Case No.-123 Year-2023 Thana- LADANIA District- Madhubani
======================================================
KISHORE RAW PAL @ KISHORE PAL SON OF LATE RAJENDRA RAW PAL RESIDENT OF VILLAGE- NAVTOLI, PS- LADANIYA, DISTMADHUBANI
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ratanakar Jha, Advocate For the Opposite Party/s : Mr.Anil Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
2 19-10-2023 Heard learned counsel for the petitioner and
learned counsel appearing on behalf of the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Ladaniya P.S. Case No. 123 of 2023 registered for the offence under Section 272, 273 of the Indian Penal Code and Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner submits that the petitioner is in custody since 21.07.2023 and there is recovery of 387 of illicit liquor from his possession.
Learned APP has vehemently opposed the prayer of
bail.
Considering the period of custody and recovery of
Patna High Court CR. MISC. No.68496 of 2023(2) dt.19-10-2023 2/2
liquor from his possession, this application for regular bail is allowed.
Let the petitioner, above named, 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 learned Addl. Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with Ladaniya P.S. Case No. 123 of 2023.
The petitioner will visit Ladaniya Police Station every Sunday of the week. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.
(Sandeep Kumar, J)
Harsh/
U T
2 issues framed by the court
Whether the petitioner is entitled to regular bail with conditions in a proceedings for illicit liquor manufacturing.
What bond and reporting conditions shall be imposed on the bail of the petitioner.
2 provisions across 2 enactments
Kishore Raw Pal @ Kishore Pal
The State of Bihar
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
