Bail application in an excise case involving recovery of 243 litres of illicit foreign liquor from a car. Considering custody period and circumstances, the Patna High Court granted bail on furnishing bonds of Rs. 10,000 with two sureties.
Release on bail on furnishing bail bonds of Rs. 10,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6211 of 2024
Arising Out of PS. Case No.-196 Year-2023 Thana- DUMARIAGHAT District- East Champaran
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Sanjay Sahu, aged about 25 years, Gender- Male, Son of Rambilash Sahu Resident of village- mirchak P.S. -Manigachi District -Darbhanga
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vishwajeet Kumar Mishra, Advocate. For the Opposite Party/s : Mr. Lakshmi Kant Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA
ORAL ORDER
2 12-02-2024 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with Dumariyaghat P.S. Case No. 196 of 2023 dated 08.07.2023 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. As per prosecution case, total 243 litres of illicit foreign liquor was recovered from the Maruti Suzuki Ritz car in question.
4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.08.2023. Petitioner has two criminal antecedents but he is on bail in both the
Patna High Court CR. MISC. No.6211 of 2024(2) dt.12-02-2024 2/3
cases, as per disclosure made in paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s counsel that petitioner has been falsely implicated in the present case. He further submits that the petitioner has no knowledge about the alleged recovery. No incriminating article has been recovered from the conscious possession of the petitioners. There is no compliance of Section 100 of the Cr.P.C. Similarly situated co-accused has already been granted bail by the Co-ordinate Bench of this Court vide order dated 09.01.2024 passed in Cr. Misc. No. 71765 of 2023.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances of the case and period of custody of the petitioner, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.6211 of 2024(2) dt.12-02-2024 3/3
satisfaction of Court below/concerned Court in connection with Dumariyaghat P.S. Case No. 196 of 2023.
(Rudra Prakash Mishra, J)
Nilmani/-
U T
1 issue framed by the court
Whether the petitioner, in custody since 30.08.2023 for recovery of illicit liquor under the Bihar Prohibition and Excise Act, should be granted bail.
2 provisions across 2 enactments
Sanjay Sahu
The State of Bihar
Rudra Prakash Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
