Regular bail application for two petitioners in an illicit English liquor recovery case under IPC sections 420/379/34 and Bihar Prohibition and Excise Act sections 30(a)/38. Considering period of custody since 25.08.2023, the court granted bail with bonds of Rs.20,000 each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16931 of 2024
Arising Out of PS. Case No.-1 Year-2021 Thana- CHARPOKHARI District- Bhojpur
======================================================
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Akash Kumar Mishra, Adv. For the Opposite Party/s : Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
3 19-04-2024
APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Charpokhari P.S. Case No. 01 of 2021 dated 01.01.2021 registered for the offences punishable u/ss 420, 379 read with Section 34 of the Indian Penal Code and u/s 30(a)/ 38 of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 1230.12 litres of illicit English liquor was recovered from the house as well as from the vehicle of the petitioner. It is further alleged that the petitioners have engaged in illegal business of liquor.
Patna High Court CR. MISC. No.16931 of 2024(3) dt.19-04-2024 2/3
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioner no. 2 is the son of the petitioner no. 1 and they have no concern with the alleged recovery. The recovery has been made from under construction house which is an open place and accessible to anyone. The petitioner is not the owner of the said vehicle and the same was not being driven by the petitioner at the time of the alleged recovery. Nothing has been recovered from the conscious possession of the petitioners hence, no case is made out. The coaccused person has already been granted anticipatory bail by this court vide order dated 05.01.2024 passed in Cr. Misc. No. 79464 of 2023. The petitioner no. 1 has two criminal antecedent whereas the petitioner no. 2 has one criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 25.08.2023.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with
Patna High Court CR. MISC. No.16931 of 2024(3) dt.19-04-2024 3/3
two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpur at Ara in connection with
Charpokhari P.S. Case No. 01 of 2021.
7. The application stands allowed.
(Chandra Prakash Singh, J)
Gautam/-
U T
1 issue framed by the court
Whether the petitioners should be granted regular bail in the illicit liquor recovery case given their custody period and criminal antecedents.
2 provisions across 2 enactments
Amarendra Kumar Singh @ B P Mandal
Ravi Ranjan Kumar
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
