Subbu Singh @ Subha Singh @ Subhu Singh @ Sube Singh v. The State of Bihar
Case at a glance
Outcome
Allowed
commenced, this application is allowed
Provisions considered
- Indian Penal Code, 1860 ss. 272, 273, 420, 467, 468, 471
- Bihar Excise and Prohibition Act s. 30(a)
Judgment
====================================================== Appearance : For the Petitioner : For the Opposite Party : ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH Mr. Raju Prasad, Advocate Mr. Sanjay Kumar Pandey, A.P.P. ORAL ORDER 3 09-03-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application for regular bail arises out of Isuapur P.S. Case No. 258 of 2019, disclosing offence punishable under Sections 420, 467, 468, 471, 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Excise and Prohibition Act. The petitioner is in custody since 19.12.2019. His prayer for regular bail was earlier twice rejected; firstly, by an order dated 09.07.2020, passed in Criminal Miscellaneous No. 18184 of 2020 and secondly, by an order dated dated 26.05.2021 passed in Criminal Miscellaneous No.
12506 of 2021. Allegedly, 2008.800 liters of illicit liquor was Patna High Court CR. MISC. No.4401 of 2022(3) dt.09-03-2022 recovered from a Tata 407 vehicle and the petitioner was apprehended on the spot, he being the driver of the vehicle. While rejecting the petitioner’s prayer in regular bail by order dated 26.05.2021, it was observed, keeping in mind that the petitioner has no criminal antecedent that the petitioner shall be at liberty to renew his prayer for bail after completion of two years of custody, if in the meanwhile there was no progress at the trial. A report has been called for from the court below as regards present stage of the trial by order dated 09.02.2022. Learned Additional Sessions Judge-II-cum Ist Exclusive Special Excise Judge, Saran in his report dated 25.02.2022 has informed that the trial of the case has not commenced. Considering the observation made by this Court in the order dated 26.05.2021 passed in Criminal Miscellaneous No.
Operative part
12506 of 2021, since the petitioner has remained in custody for more than two years after his arrest and the trial has not yet commenced, this application is allowed. Let the petitioner, above-named, 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 learned 2nd Additional Sessions Judge-cum-Special Judge, Patna High Court CR. MISC. No.4401 of 2022(3) dt.09-03-2022 Excise, Saran in Isuapur P.S. Case No. 258 of 2019. (Chakradhari Sharan Singh, J) K.K.RAO/- U T
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: commenced, this application is allowed
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 272, 273, 420, 467, 468, 471; Bihar Excise and Prohibition Act — s. 30(a).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.