Allowed¶21

Rakesh Kumar @ Babloo @ Babloo Kumar v. The State of Bihar

Patna HC24 Jan 2024CR. MISC./2240/2024

Case brief

AI extract

What is this about?

Bail granted after framing of charge; Bihar Excise and Prohibition Act 2016 Sections 30(a), 56(b); illicit liquor recovery 247.500 litre; Excise P.S. Case No. 1728 of 2023, Patna; custody since 24.11.2023; bail bond Rs. 30,000/- with two sureties; Special Judge Excise-III Patna; Section 437(3) Cr.P.C. conditions; monthly police station attendance for one year; family member bailor bona fide; CR. MISC. No. 2240 of 2024; decided 24-01-2024; Dr. Anshuman, J.

What did the court decide?

Regular bail granted after framing of charge, on bail bonds of Rs. 30,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-III Patna, subject to the stated conditions and the conditions under Section 437(3) Cr.P.C. ¶21

Rakesh Kumar @ Babloo @ Babloo Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2024)

What the court decided

AI extract

Outcome

¶21

Issue for consideration

Whether regular bail should be granted to the petitioner in connection with Excise P.S. Case No. 1728 of 2023, in which 247.500 litres of illicit liquor is alleged to have been recovered from his possession.

¶14

Court's answer

On the present facts and circumstances and the submissions made, the petitioner is granted bail.

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Ratio / Principle

The grant of bail is expressly conditioned on framing of charge having taken place.

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Key takeaways

Bail to be effected on furnishing bail bonds of Rs. 30,000/- with two sureties of the like amount each, to the satisfaction of learned Special Judge, Excise-III Patna, in connection with Excise P.S. Case No. 1728 of 2023.ratio¶21
Bail subject to conditions: one bailor to be a family member providing an official document showing bona fide; appearance before the Trial Court on every date, failure on two consecutive dates without plausible reason entailing cancellation of bail bonds by the Trial Court itself; monthly attendance-marking at the concerned police station for one year; no inducement, promise or threat to witnesses or tampering with evidence; desistance from committing any criminal offence again — failing which the State is at liberty to seek cancellation of bail bonds; together with the conditions under Section 437(3) Cr.P.C.ratio¶26

Detailed headnote1 paragraphs

Patna High Court (Dr. Anshuman, J) allows a regular-bail application in Excise P.S. Case No. 1728 of 2023 (registered 23.11.2023 under Sections 30(a), 56(b) of the Bihar Excise and Prohibition Act 2016), where 247.500 litres of illicit liquor was alleged to have been recovered from the petitioner's possession. Bail is granted only after framing of charge, on bail bonds of Rs. 30,000/- with two sureties of the like amount each to the satisfaction of the Special Judge, Excise-III Patna, subject to conditions including a family-member bailor with bona fide proof, attendance on every trial date, monthly police-station reporting for one year, non-tampering with witnesses/evidence and desistance from fresh offences, along with the Section 437(3) Cr.P.C. conditions.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2240 of 2024

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Arising Out of PS. Case No.-1728 Year-2023 Thana- Excise P.S. District- Patna

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======================================================

¶4

Rakesh Kumar @ Babloo @ Babloo Kumar S/O Govind Prasad RESIDENT OF BPCL ROAD, 70 FEET, PS. BAUR, DIST. PATNA.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr.Rakesh Bihari Singh, Adv For the Opposite Party/s : Mr.Nand Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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2 24-01-2024

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

¶14

The petitioner seeks regular bail in connection with Excise P.S. Case No. 1728 of 2023 registered on 23.11.2023 lodged under Sections 30(a), 56(b) of the Bihar Excise and Prohibition Act 2016.

¶15

As per the prosecution case, F.I.R. has been lodged against the petitioner that there is recovery of total 247.500 litre of illicit liquor has been recovered from his possession.

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Counsel for the petitioner submits the said recovery has been made from godown and not from the petitioner's possession.

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Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner

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Patna High Court CR. MISC. No.2240 of 2024(2) dt.24-01-2024 2/3

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is in custody since 24.11.2023 having one criminal case pending against him, in which he is on bail.

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Learned counsel for the State opposes the prayer for bail and submit that the recovery has been made from the building which belongs to the petitioner.

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In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail after framing of charge and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-III Patna in connection with Excise P.S. Case No. 1728 of 2023 subject to the following conditions as well as the conditions laid down under Section 437 (3) of the Cr.P.C.

¶22

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

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(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

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(iii) the petitioner shall appear before the concerned

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Patna High Court CR. MISC. No.2240 of 2024(2) dt.24-01-2024 3/3

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police station every month for one year to mark attendance;

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(iv) the petitioner shall in no way try to induce or

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promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and

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(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.

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(Dr. Anshuman, J)

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Sunnykr/-

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Rakesh Kumar @ Babloo @ Babloo Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rakesh Kumar @ Babloo @ Babloo Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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