The High Court granted regular bail to the petitioner in a case involving illicit liquor recovery and IPC offences, noting his clean antecedents and lack of direct possession, subject to furnishing bail bond and sureties.
Regular bail granted on furnishing bail-bond of Rs.20,000/- with two sureties of like amount each.
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.29663 of 2024
Arising Out of PS. Case No.-183 Year-2022 Thana- BHAIRAVSHTHAN District-
Madhubani
======================================================
Md. Bilal Alam @ Md. Bilal Son of Late Yasin @ Late Yasim Resident of Village - Chocha, P.S.- Bayasi, District - Purnia (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Hriday Narayan Harshit, Adv For the Opposite Party/s : Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 04-07-2024
Heard learned counsel for the petitioner and learned
A.P.P for the State.
2 . The petitioner has preferred this application for grant of regular bail in connection with Bhairabasthan P.S. Case No. 183 of 2022 dated 01.10.2022 registered for the offences punishable u/s 34, 420, 467, 468, 471 of the I.P.C. and Section 30(a), 32, 36 and 41 of the Bihar Prohibition and Excise Act.
3 . As per the prosecution case, total 1548 litres of illicit foreign liquor was recovered from the Truck.
4 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not the owner of the said vehicle and the same was not being driven by him at the time of the alleged
Patna High Court CR. MISC. No.29663 of 2024(2) dt.04-07-2024 2/2
recovery. The name of the petitioner was disclosed by the coaccused Md. Nazir. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 21.02.2024.
5 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6 . Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani in connection with Bhairabasthan P.S. Case No. 183 of 2022
7 . The application stands allowed.
(Chandra Prakash Singh, J)
Jyoti/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in PS Case No. 183 of 2022 for offences under IPC and Bihar Prohibition and Excise Act?
2 provisions across 2 enactments
Md. Bilal Alam @ Md. Bilal
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
