The High Court of Patna granted regular bail to the petitioner in a case under the Bihar Prohibition and Excise Act, 2022, directing removal of defects within three weeks.
Petitioner enlarged on bail on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount 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.7226 of 2023
Arising Out of PS. Case No.-614 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai
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Nitish Kumar S/O Lakhan Pandit R/V- Kabaiya Road, P.S. And DistrictLakhisarai
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajnish Chandra, Advocate For the Opposite Party/s : Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
2 16-02-2023
Let the defects, if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.
Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks regular bail in connection with Lakhisarai Excise P.S. Case No. 614(C2) of 2022 registered for the offence punishable under Section 37(i) of Bihar Prohibition and Excise Act 2022.
As per the prosecution, the informant alleged that this petitioner was apprehended in a drunken state after the breath analyzer test.
Patna High Court CR. MISC. No.7226 of 2023(2) dt.16-02-2023 2/2
The main submissions advanced by learned counsel Mr. Rajnish Chandra, appearing for the petitioner are that as per the allegation made by the prosecution the petitioner was simply found in a drunken state and against him there is only one criminal antecedent in which he is on bail and he has been languishing in jail since 10.12.2022 in the present matter and when he was arrested, no any type of liquor was recovered from his possession.
Learned APP Mr. Braj Kishore Pd., appearing for the State has opposed the prayer for bail.
In view of the facts, as stated above, this Court is inclined to accept the petitioner’s prayer for bail. Accordingly, let the petitioner named-above be enlarged 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 concerned Court in connection with Lakhisarai Excise P.S. Case No. 614(C2) of 2022.
(Shailendra Singh, J.)
maynaz/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in the pending excise case.
1 provisions across 1 enactments
Nitish Kumar
The State Of Bihar
Shailendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
