Petitioner in custody since October 2023 sought bail in an excise case involving recovery of 72 litres of illicit liquor from a motorcycle. The court granted bail after framing of charge, or if no charge-sheet was submitted, with conditions including regular physical attendance before the trial court.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20803 of 2024
Arising Out of PS. Case No.-195 Year-2023 Thana- Excise P.S. District- Darbhanga
======================================================
Chandan Kumar Dhankar Son Of Lal Bahadur Dhankar @ Lal Bahadur Dharikar R/O-Narhiya Bazar, Ward No. 11, P.S.-Narhiya, Distt.-Madhubani
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs. Namita Sharma, Advocate Mr. Anshu Dhar Sharma, Advocate For the Opposite Party/s : Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
... ... Opposite Party/s
ORAL ORDER
2 18-03-2024
APP for the State.
Patna High Court CR. MISC. No.20803 of 2024(2) dt.18-03-2024 2/3
falsely been implicated in this case due to high handedness of police. He has no concern with the alleged recovered liquor. He is neither the driver nor the owner of the seized motorcycle. Nothing incriminating article has been recovered from his conscious possession. Both the seizure list witnesses are police personnel which is complete violation of Section 100 of Cr.P.C. Petitioner is languishing in judicial custody since 23.10.2023.
Patna High Court CR. MISC. No.20803 of 2024(2) dt.18-03-2024 3/3
bail on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the
proceeding of framing of charge.
(Ramesh Chand Malviya, J)
lata/- U T
1 issue framed by the court
Whether the petitioner apprehended with 72 litres of illicit liquor should be released on bail under the Bihar Prohibition and Excise Act.
2 provisions across 2 enactments
Chandan Kumar Dhankar
The State of Bihar
Ramesh Chand Malviya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
