Bail application under Section 30(a) Bihar Prohibition and Excise Act for alleged illegal liquor trade with 612 litres recovered. Court found recovery prima facie doubtful from conscious possession, noted clean antecedents and completed investigation, and granted regular bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.64118 of 2024
Arising Out of PS. Case No.-14 Year-2024 Thana- BAIRGACHHAI District- Araria
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Nitesh Singh @ Nitish Singh Son of Indal Singh Resident of Village - Gurum Basti Ward No.- 03, Police Station - Pradhan Nagar (Silliguri), District - Darjeeling (West Bengal).
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rabindra Kumar Priyadarshi, Adv Mr. Dhuraj Kumar, Adv. For the Opposite Party/s : Ms. Meena Singh, Adv. ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 11-09-2024
Heard the parties.
Araria (Bairagachhi) P.S. Case No. 14 of 2024 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
engaged in illegal trading of illicit liquor, where, there is
recovery of 612 litres of country made liquor/IMFL.
Patna High Court CR. MISC. No.64118 of 2024(2) dt.11-09-2024 2/3
petitioner submitted that petitioner was implicated in present case only being co-driver/helper of the alleged
vehicle from where illicit liquor was recovered. It is submitted that the name of petitioner was disclosed by the driver of the vehicle . It is submitted that nothing surfaced during the course of investigation which may suggest that petitioner was under knowledge for carrying consignment of illicit liquor and as such it can be safely said that the recovery of illicit liquor was not made from the conscious physical possession of the petitioner, who is a man of clean antecedent, moreover, investigation of
this case is completed, for which charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.
as recovery of illicit liquor appears prima-facie doubtful from the conscious physical possession of the petitioner,
who is a man of clean antecedent, coupled with the fact
Patna High Court CR. MISC. No.64118 of 2024(2) dt.11-09-2024 3/3
that investigation is already completed where petitioner is in custody since 20.04.2024, accordingly, petitioner above named, is directed to be released on bail in connection with Araria (Bairagachhi) P.S. Case No. 14 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-I, Araria/concerned court, subject to the conditions as mentioned under Section 437(3) of Cr.P.C/Section 480(3) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
1 issue framed by the court
Whether bail should be granted where recovery of illicit liquor was not from the petitioner's conscious physical possession, investigation is complete, and he has been in custody since April 2024.
3 provisions across 3 enactments
Nitesh Singh @ Nitish Singh
The State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
