Bail sought under Section 30(a) of the Bihar Prohibition and Excise Act (Amended) 2022 after recovery of illicit foreign liquor from petitioner's vehicles. Court considered custody period, clean antecedents and manner of implication, granted regular bail with bonds and sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6616 of 2024
Arising Out of PS. Case No.-606 Year-2023 Thana- BHORE District- Gopalganj
======================================================
Ajay Kumar S/O Nandeshwar Rai Village- Patori, Ps., Patori, Dist.Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rishi Sinha, Advocate For the State : Mr. Rana Randhir Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA
ORAL ORDER
2 16-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Bhore P.S. Case No. 606 of 2023 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act (Amended) 2022.
3. As per prosecution case, there is recovery of total 58.725 liters of illicit foreign liquor from one ‘Hundai Eon Car’ and one ‘HF Delux’ motorcyle.
4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 10-12-2023. Petitioner is stated to be man of clean antecedent.
5. It has been further submitted by the petitioner’s
Patna High Court CR. MISC. No.6616 of 2024(2) dt.16-02-2024 2/2
counsel that petitioner has been falsely implicated in the present case. It is alleged that petitioner was apprehended while he tried to flee. Petitioner has no concern with the alleged recovered liquor. Petitioner is the owner of the vehicle in question and nothing has been recovered from the possession of the petitioner. In fact, seizure list is not prepared in accordance with law. There is no compliance of Section 100 of the Code of Criminal Procedure, 1973.
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, period of custody of the petitioner and manner of implication, 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 satisfaction of Court below/concerned Court in connection with Bhore P.S. Case No. 606 of 2023.
(Rudra Prakash Mishra, J)
Raj Kishore/- U T
1 issue framed by the court
Whether bail should be granted to a vehicle owner from whose car and motorcycle illicit liquor was recovered under Section 30(a) of the Bihar Prohibition and Excise Act.
2 provisions across 2 enactments
Ajay Kumar
The State of Bihar
Rudra Prakash Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
