In a criminal bail petition under Section 30(a) of the Bihar Prohibition and Excise Act regarding illicit liquor recovery, the High Court directed the petitioner's release on bail after framing of the charge upon furnishing bonds.
Petitioner released on bail after framing of charge by furnishing bonds of Rs.10,000/ and two sureties.
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.21236 of 2024
Arising Out of PS. Case No.-2 Year-2024 Thana- GOPALPUR District- Patna
======================================================
Santosh Kumar, Male, aged about 35 years, S/o Hari Nath Prasad R/o Village - Ilahi Bag, P.S. - Gopalpuri, Dist. - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Abhay Kumar For the Opposite Party/s : Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER
2 19-03-2024 Heard learned counsel appearing on behalf
of the parties.
of illicit liquor from the house of the petitioner.
Patna High Court CR. MISC. No.21236 of 2024(2) dt.19-03-2024 2/3
implicated in the present case. It is submitted that recovery of alleged illicit liquor was not made from conscious physical possession of the petitioner and he has no concern with the alleged recovery of illicit liquor. It is submitted that seizure list appears doubtful being not supported by independent witnesses, rather by police personnels. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 02.01.2024.
Patna High Court CR. MISC. No.21236 of 2024(2) dt.19-03-2024 3/3
released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.
(Ramesh Chand Malviya, J)
S.Katyayan/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail pending framing of charge in a liquor prohibition case.
1 provisions across 1 enactments
SANTOSH KUMAR
THE STATE OF BIHAR
RAMESH CHAND MALVIYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
