The High Court of Patna granted bail to the petitioner, a daily wager and driver, who was apprehended accused of carrying illicit liquor. The court directed release upon furnishing bail bonds and conditions including the presence of a close relative as a bailor.
Petitioner released on bail furnishing Rs. 20,000 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.71191 of 2023
Arising Out of PS. Case No.-114 Year-2023 Thana- CHANDAN District- Banka
======================================================
Sonu Kumar, S/O Sikandar Singh @ Sikandir Singh, Village- Nipaniya, Ps. Fulwariya, Dist. Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Arjun Prasad, Advocate For the Opposite Party/s : Mr. Parmanand Prasad, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
2 08-11-2023
Heard learned counsel for the petitioner and learned
APP for the State.
Patna High Court CR. MISC. No.71191 of 2023(2) dt.08-11-2023 2/3
case. The petitioner is the driver of the seized vehicle but he was having no knowledge about the liquor kept in the vehicle. He was driving the vehicle as per instruction of his owner. Seizure list has not been prepared in accordance with law and there is no independent witness. Petitioner is a daily wager and sole bread earner of his family. The seized liquor does not belong to this petitioner. The petitioner is in custody since 16.08.2023. Petitioner is accused in one case but he is on bail in that case.
Patna High Court CR. MISC. No.71191 of 2023(2) dt.08-11-2023 3/3
following conditions :
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J)
balmukund/-
U T
1 issue framed by the court
Whether the petitioner shall be released on bail in the present case.
2 provisions across 2 enactments
Sonu Kumar
The State of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
