The High Court of Patna granted regular bail to the petitioner, an e-rickshaw driver accused of trafficking illicit liquor, subject to bail bonds and strict conditions regarding attendance and cooperation in the trial.
Release on bail on furnishing bonds of Rs. 10,000 with two sureties under specific conditions.
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.61922 of 2024
Arising Out of PS. Case No.-169 Year-2024 Thana- BARAULI District- Gopalganj
======================================================
Rahul Sah S/o Sukesh Sah R/o Village- Devapur, Dewapur, PS- Barauli, District- Gopalganj, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Indrajeet Bhushan, Adv. For the Opposite Party/s : Ms. Shaheen Begum, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER
2 04-09-2024 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
Patna High Court CR. MISC. No.61922 of 2024(2) dt.04-09-2024 2/3
carrying passengers and goods and on the alleged date of occurrence, he was carrying goods on the instruction of a passenger. However, noticing the police party, the said passenger succeeded in fleeing away and the petitioner was apprehended. Drawing the attention to the seizure list, learned counsel for the petitioner further contended that the alleged recovery has been made from a public road but surprisingly, the seizure list witnesses are none else but the police personnel and, as such, in complete defiance of Section 100 CrPC. Moreover, the petitioner has been incarcerated since 29.06.2024, having fair antecedent.
Patna High Court CR. MISC. No.61922 of 2024(2) dt.04-09-2024 3/3
of 2024, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:-
(i) The petitioner will cooperate in conclusion of
the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial.
(iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(v) The court below shall verify the criminal antecedent of the petitioner and, in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take immediate step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.
(Harish Kumar, J)
rohit/-
U T
1 issue framed by the court
Whether the petitioner should be granted regular bail pending trial in the excise offence case.
2 provisions across 2 enactments
Rahul Sah
The State of Bihar
Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
