Bail granted to the petitioner in a Bihar Excise Act case involving recovery of liquor and codeine syrup, noting he was not arrested from the spot and the recovery was from a public-accessible place.
Bail granted on furnishing bail bond of Rs. 10,000 with two sureties of like amount.
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.59067 of 2024
Arising Out of PS. Case No.-93 Year-2024 Thana- PALASI District- Araria
======================================================
Rajesh Yadav @ Rajesh Kumar Yadav S/o Late Narayan Yadav R/o vill - Chhapania, ward no. 02, P.S. - Palasi, Distt. - Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Vijay Kishore Bharti For the Opposite Party/s : Mr.Pradeep Narain Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
2 06-09-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the petitioner has antecedent of three cases and allegation is of recovery of 105 litres of liquor kept concealed under husk near the house of the petitioner along with 2 litres codeine cough syrup from betel shop of Amrul.
4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on secret information which is the easiest way
Patna High Court CR. MISC. No.59067 of 2024(2) dt.06-09-2024 2/2
to implicate someone and even alleged recovery is from a place which is accessible to public at large and does not belong to the petitioner and petitioner is in custody since 2-7-2024.
5. Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
6. Considering the submission made by learned counsel for the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Palasi P.S. Case No. 93 of 2024.
(Satyavrat Verma, J)
SUMIT/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a case under Section 30(a) of the Bihar Excise Act?
1 provisions across 1 enactments
Rajesh Yadav @ Rajesh Kumar Yadav
The State of Bihar
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
