Nandlal Ram, Male v. The State of Bihar
Case at a glance
Provisions considered
- Bihar Prohibition and Excise Act, 2018 ss. 30(a), 30(c), 52
Key paragraphs
- Para 66. From perusal of the FIR, seizure list and impugned order of the learned Exclusive Special Excise Judge, Sheikhpura dated 29.01.2024, it appears that there is recovery of six liters countrymade liquor from the joint house of the petitioner. Petitioner is in custody since 09.01.2024…
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA Mr. Dinkar Kumar, Advocate Mr. Braj Kishore Prasad, APP ORAL ORDER 2 29-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Korma PS Case No. 07 of 2024 instituted for the offences punishable under Section 30(a), 30(c) and 52 of the Bihar Prohibition and Excise Act, 2018.
As per the prosecution case, six liters illicit liquor along with one small gas cylinder, two aluminum tasala and brewry was recovered from the joint house of petitioner.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He further submits that the alleged recovery is not from the conscious possession of the petitioner.
Learned APP opposes the prayer for bail. Patna High Court CR. MISC. No.14365 of 2024(2) dt.29-02-2024
From perusal of the FIR, seizure list and impugned order of the learned Exclusive Special Excise Judge, Sheikhpura dated 29.01.2024, it appears that there is recovery of six liters countrymade liquor from the joint house of the petitioner. Petitioner is in custody since 09.01.2024, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge, Sheikhpura in connection with Korma PS Case No. 07 of 2024.
The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen days) from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge. (Ramesh Chand Malviya, J) Anand Kr. U T
Questions this judgment answers
Which statutory provisions did this judgment involve?
Bihar Prohibition and Excise Act, 2018 — ss. 30(a), 30(c), 52.
Which court decided this case, and when?
Patna High Court, on 29 Jan 2024. The bench was RAMESH CHAND.
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.