Vishal Kumar @ Vishal v. The State of Bihar
Case at a glance
Outcome
Bail granted
Let the petitioner be released on bail on furnishing
Provisions considered
- Indian Penal Code, 1860 ss. 34, 414, 420, 467, 468
- Bihar Prohibition and Excise Act, 2018 ss. 30(a), 32(ii)(iii), 36, 41(i)(ii)
- Code of Criminal Procedure, 1973 s. 100
Judgment
====================================================== Appearance : For the Petitioner For the State ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA Mr. Mazharul Hassan, Advocate Mr. Nityanand, APP : : 2 18-03-2024 Heard learned counsel for the petitioner and learned APP ORAL ORDER for the State.
The petitioner seeks bail in connection with Mahuwa PS Case No. 447 of 2023 instituted for the offences under Sections 420, 414, 467, 468 & 34 of the Indian Penal Code and Section 30(a), 32(ii)(iii), 36, 41(i)(ii) of the Bihar Prohibition and Excise Act, 2018.
The prosecution case, in short, is that 1277.64 liters liquor was recovered from container.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious Patna High Court CR. MISC. No.21299 of 2024(2) dt.18-03-2024 possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 15-07-2023 and has got one criminal antecedent. Petitioner has no knowledge regarding the goods loaded in the vehicle. There is no compliance of Section 100 of Cr.P.C.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
Operative part
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 Mahuwa PS Case No. 447 of 2023. (Rudra Prakash Mishra, J) Raj Kishore/- U T
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Let the petitioner be released on bail on furnishing
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 34, 414, 420, 467, 468; Bihar Prohibition and Excise Act, 2018 — ss. 30(a), 32(ii)(iii), 36, 41(i)(ii); Code of Criminal Procedure, 1973 — s. 100.
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.