Sujit Rai @ Sujit Kumar v. Kanti, Distt.- Muzaffarpur
Case at a glance
- Bench
- CHANDRA SHEKHAR JHA
Provisions considered
- Bihar Prohibition and Excise Act ss. 30(a), 32(3)
- Amended Act, 2018
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 482(2)
Key paragraphs
- Para 66. Considering the aforesaid facts and circumstances as recovery of illicit liquor prima facie not appears to be made from the conscious physical possession of this petitioner, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within…
Judgment
The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER Mr.Priyesh Kumar, Advocate Mr.Sucheta Yadav, APP 2 31-03-2026 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
The accused/petitioner apprehending his arrest in connection with Excise P.S. Case No. 132 of 2026 registered for the offences punishable under Sections 30(a), 32(3) of Bihar Prohibition and Excise Act (Amended Act 2018/2022).
The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 5296.680 litres of IMFL/country made liquor from three vehicles.
Learned counsel appearing on behalf of the petitioner submitted that name of petitioner appears in this case during the course of investigation on the basis of Patna High Court CR. MISC. No.19501 of 2026(2) dt.31-03-2026 suspicion and secret information, where nothing surfaced as to implicate petitioner, prima facie, with the present recovery of illicit liquor.
Learned APP opposed the prayer of bail.
Considering the aforesaid facts and circumstances as recovery of illicit liquor prima facie not appears to be made from the conscious physical possession of this petitioner, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-II, Muzaffarpur/concerned Court, where the case is pending in connection with Excise P.S. Case No. 132 of 2026, subject to the conditions as laid down under Section 482(2) of the BNSS. veena/- U T (Chandra Shekhar Jha, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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