The Patna High Court granted bail to the petitioner in a case involving offences under the Indian Penal Code and Bihar Prohibition and Excise Act, considering the period of custody and a claim of parity.
Petitioner released on bail on furnishing bonds of Rs.10,000/- with two sureties of the like amount each.
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.7239 of 2024
Arising Out of PS. Case No.-119 Year-2023 Thana- VIDYAPATINAGAR DistrictSamastipur
======================================================
Ashok Kumar @ Ashok Ray Son of Ramekval Roy @ Ekbal Ray Resident of Village-Darwa, P.s.-Tajpur (Halai O.P.), Distt.-Samastipur
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mahendra Pratap, Advocate For the Opposite Party/s : Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA
ORAL ORDER
2 13-02-2024
Heard learned counsel for the petitioner and learned
APP for the State.
Patna High Court CR. MISC. No.7239 of 2024(2) dt.13-02-2024 2/3
name of the petitioner came into light on the basis of confessional statement of the co-accused, Vijay Kumar, who was apprehended on the spot. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the alleged recovery. Learned counsel further submitted that petitioner has no concern with the vehicle from which the alleged recovery has been made and the petitioner is neither the owner nor the driver of the said vehicle. There is no compliance of Section 100 of the Cr.P.C. Learned counsel further submitted that co-accused, Vijay Kumar, who was apprehended on the spot, has already been granted bail by a Coordinate Bench of this Court vide order dated 09.11.2023 passed in Cr. Misc. No. 72816 of 2023. It has been submitted on behalf of the petitioner that the petitioner is in custody since 07.10.2023 and has no criminal antecedent.
Patna High Court CR. MISC. No.7239 of 2024(2) dt.13-02-2024 3/3
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 Vidyapatinagar (Ghatho O.P.) P.S. Case No. 119 of 2023.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner in connection with offences under Sections 272, 273 IPC and Section 30(a) Bihar Prohibition and Excise Act.
2 provisions across 2 enactments
Ashok Kumar @ Ashok Ray
The State of Bihar
Rudra Prakash Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
