Bail application under the Bihar Prohibition and Excise Act after recovery of 963 litres of illicit country liquor. Court considered allegations, period of custody and antecedents and enlarged the petitioner on bail on a Rs.20,000 bond with two sureties.
Petitioner enlarged on bail on Rs.20,000 bail-bond with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45171 of 2024
Arising Out of PS. Case No.-150 Year-2024 Thana- Excise P.S. District- Gopalganj
======================================================
Dharmendra Kumar Son of Naglal Yadav Resident of - Pathara Ward No.- 07, P.S.- Jadopur, District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Pritish Ranjan, Adv For the Opposite Party/s : Mr. Rajesh Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 01-07-2024
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 Gopalganj Excise P.S. Case No. 150 of 2024 dated 13.02.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3 . As per the prosecution case, total 963 litres of illicit country made liquor was recovered from the bullock cart.
4 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner was disclosed by the l ocal chowkidar . There is general and omnibus allegation against the
Patna High Court CR. MISC. No.45171 of 2024(2) dt.01-07-2024 2/2
petitioner. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has four criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 07.05.2024.
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, Gopalganj, in connection with Gopalganj Excise P.S. Case No. 150 of 2024.
7 . The application stands allowed.
(Chandra Prakash Singh, J)
Jyoti/-
U T
1 issue framed by the court
Whether the petitioner should be granted regular bail in an excise case involving recovery of illicit liquor, given custody since 07.05.2024 and four criminal antecedents.
1 provisions across 1 enactments
Dharmendra 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
