Allowed¶21

Jaiprakash Singh v. The State of Bihar

BAIL – Regular bail granted

Patna HC17 Dec 2024CR. MISC./66968/2024

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Case brief

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What is this about?

Jaiprakash Singh v. State of Bihar; Patna High Court; CR. MISC. No.66968 of 2024; decided 17-12-2024; Chandra Prakash Singh, J.; regular bail; Section 30(a) Bihar Prohibition and Excise Act; Saran (Excise) P.S. Case No. 466/2023 dated 28.06.2023; illicit country-made liquor 200 litres; jawa gud 1000 kg; custody since 12.07.2024; five antecedents; bail bond Rs.20,000/- with two sureties; condition of physical presence before Court below; bail application allowed.

What did the court decide?

Regular bail granted to the petitioner on furnishing bail-bond of Rs.20,000/- with two sureties of the like amount each, subject to the condition of physical presence before the Court below on each and every date. ¶21

Jaiprakash Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner should be enlarged on regular bail in connection with Saran (Excise) P.S. Case No. 466/2023 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

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Court's answer

Considering the facts and circumstances of the case and the period of custody, the petitioner was directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the learned Court concerned, Saran at Chapra.

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Ratio / Principle

Bail granted subject to the condition that the petitioner remain physically present before the learned Court below on each and every date; failure to appear on two consecutive dates without reasonable cause renders his bail bonds liable to cancellation.

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Detailed headnote1 paragraphs

BAIL — Regular bail granted — Patna High Court, CR. MISC. No.66968 of 2024, decided 17-12-2024 (Chandra Prakash Singh, J.) — Petitioner Jaiprakash Singh sought regular bail in Saran (Excise) P.S. Case No. 466/2023 dated 28.06.2023, registered under Section 30(a) of the Bihar Prohibition and Excise Act, arising from alleged recovery of 200 litres of illicit country-made liquor, 1000 kg jawa gud and utensils used in preparing liquor — Petitioner claimed innocence, denied conscious possession, disclosed five antecedents, and was in custody since 12.07.2024 — State opposed — Court, considering the facts, circumstances and period of custody, enlarged the petitioner on bail on furnishing bail-bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the learned Court concerned, Saran at Chapra — Condition imposed: petitioner to remain physically present before the Court below on each and every date, failing which on two consecutive dates without reasonable cause his bail bonds would be liable to cancellation — Application allowed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66968 of 2024

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Arising Out of PS. Case No.-466 Year-2023 Thana- Excise P.S. District- Saran

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======================================================

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Jaiprakash Singh Son of Late Shiv Shankar Singh @ Late Prabhunath Singh Resident of Village- Majlishpur, P.S.- Kopa, District- Saran at Chapra

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajani Kumari For the Opposite Party/s : Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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3 17-12-2024

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Heard learned counsel for the petitioner and learned

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A.P.P for the State.

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The petitioner has preferred this application for grant of regular bail in connection with Saran (Excise) P.S. Case No. 466/2023 dated 28.06.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

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As per the prosecution case, total 200 litres of illicit country-made liquor, 1000 kg jawa gud and utensils used in preparing liquor were recovered from the place of occurrence.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with

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Patna High Court CR. MISC. No.66968 of 2024(3) dt.17-12-2024 2/2

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the alleged recovery. The petitioner has five antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 12.07.2024.

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Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Saran (Excise) P.S. Case No. 466/2023, with further condition:-

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(i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.

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The application stands allowed.

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(Chandra Prakash Singh, J)

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atul/-

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U T

Jaiprakash Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Jaiprakash Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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