The Patna High Court granted regular bail to the petitioner in a case involving illegal liquor manufacturing. The court directed the petitioner to furnish a bail bond of Rs. 20,000 with two sureties of the like amount.
Petitioner directed to be enlarged on bail on furnishing bail-bond of Rs.20,000 with two sureties of the 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.52994 of 2024
Arising Out of PS. Case No.-82 Year-2024 Thana- LAUKAHI District- Madhubani
======================================================
Shiv Kumar Paswan son of Sahindra Paswan Village- Tharuahi Ps- Laukahi Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Baleshwar Kamat, Adv. For the Opposite Party/s : Mr. Umanath Mishra, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
3 29-08-2024
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 Laukahi P.S. Case No. 82 of 2024 dated 01.05.2024 (G.R. No. 350/24) registered for the offences punishable u/s 272, 273, 34 of the I.P.C and Section 30(a) of Bihar Prohibition and Excise Act.
3 . As per the prosecution case, total 306 litres of illicit Nepali country made liquor was recovered from the motorcycle.
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 seized
Patna High Court CR. MISC. No.52994 of 2024(3) dt.29-08-2024 2/2
vehicle. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted regular bail by this court vide order dated 29.07.2024 passed in Cr. Misc. No. 53516 of 2024. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 28.05.2024.
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, Madhubani in connection with Laukahi P.S. Case No. 82 of 2024 (G.R. No. 350/24).
7 . The application stands allowed.
(Chandra Prakash Singh, J)
Gautam/-
U T
2 issues framed by the court
Whether the petitioner should be granted regular bail in the ___P.S. case involving illicit liquor recovery.
The period of custody is six weeks.
4 provisions across 2 enactments
Shiv Kumar Paswan
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
