High Court allowed an application for bail filed by a petitioner accused of carrying liquor under Bihar Prohibition and Excise Act, 2018, directing the Special Judge to enlarge him on bail with conditions.
Petitioner enlarged on bail bonds of Rs. 10,000 with two sureties of the like amount to the Special Judge, Excise, 1st, Aurangabad.
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.9365 of 2023
Arising Out of PS. Case No.-481 Year-2022 Thana- MADANPUR District- Aurangabad
======================================================
Pradip Yadav S/O Late Rampal Yadav Resident of Village- Ramaipur Nawada, P.S.- Patti, District- Pratapgarh (Uttar Pradesh).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Pramendra Kumar Singh For the Opposite Party/s : Mr. Yogendra Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER
2 03-05-2023 Heard Ld. counsel for the petitioner and Ld. APP
for the State.
The petitioner seeks bail in connection with
Madanpur P. S. Case No. 481 of 2022 / G. R. No. 1092 of 2022, registered for the offences punishable under Sections 30(a), 34 and 36 of the Bihar Prohibition and Excise (Amendment) Act, 2018.
As per allegation, 3927.24 litres of liquor was recovered from a truck bearing Registration No. JH09AN0873.
Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.9365 of 2023(2) dt.03-05-2023 2/4
case. He further submits that nothing has been recovered from the conscious possession of the petitioner. He also submits that the petitioner was the driver of the alleged truck and he was not aware of the contents of the material loaded in the truck.
He further submits that the petitioner has been languishing in jail since 20.09.2022.
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.
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, abovenamed, 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. Special Judge, Excise 1st , Aurangabad (Bihar), in connection with
Patna High Court CR. MISC. No.9365 of 2023(2) dt.03-05-2023 3/4
Madanpur P. S. Case No. 481 of 2022 / G. R. No. 1092 of 2022, on the following conditions:
(i) The petitioner will make himself available for interrogation by a police officer/court as and when required.
(ii) The petitioner will undertake that
investigation/trial will not get hampered 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
Patna High Court CR. MISC. No.9365 of 2023(2) dt.03-05-2023 4/4
below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner.
(vi) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail-bond will be cancelled by the court below.
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)
skm/-
U T
1 issue framed by the court
Whether the petitioner is eligible for bail in connection with charges of liquor carrying under the Bihar Prohibition and Excise (Amendment) Act, 2018.
1 provisions across 1 enactments
Pradip Yadav
The State of Bihar
Jitendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
