Petitioner sought bail in a rehabilitation case involving liquor recovery. Bench inclined to grant bail considering meagre quantities and custody period, directing sureties.
Petitioner enlarged on bail upon furnishing bond of Rs. 10,000 with two sureties of like amount to the Excise Judge.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7624 of 2023
Arising Out of PS. Case No.-623 Year-2022 Thana- DARIYAPUR District- Saran
======================================================
Chandan Kumar S/O Late Shiv Chandra Yadav R/V- Gurudev Tola, Near Electronic Colony, P.S.- Mokama, District- Patna
... ... Petitioner/S
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Pramod Kumar For the Opposite Party/s : Mr.Anil Prasad Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
4 17-05-2023 Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a), 41(1)(2) of the Bihar Prohibition and Excise Act.
Prosecution case relates to recovery of 750 M.L. from
a car bearing Reg. No. BR-01FB-1787. Petitioner along with other co-accused persons were alleged to be sat in the aforesaid car.
Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged
Patna High Court CR. MISC. No.7624 of 2023(4) dt.17-05-2023 2/2
recovered liquor. He is languishing in judicial custody since 19.11.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, period under custody as well as meagre quantity of liquor has been recovered, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge II-cum-!st Exclusive Special Excise Judge, Excise, Saran, Chapra in connection with Dariyapur P.S. Case No. 623 of 2022.
(Sunil Kumar Panwar, J)
Nirajkrs/-
U T
2 issues framed by the court
Whether the petitioner is eligible for bail in a case involving recovery of liquor.
Whether the petitioner should be enlarged on bail with sureties.
Chandan Kumar
The State Of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
