Jhagadu Singh @ Sakendra Singh @ Jhajru Singh v. The State of Bihar
Case at a glance
Outcome
Bail granted
petitioner be released on bail after framing of charge on
Provisions considered
- Bihar Prohibition and Excise Act, 2016 ss. 30(a)(c), 41
- Code of Criminal Procedure, 1973 s. 100
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA Mr. Krishna Deo Raj, Adv. Mr. Braj Kishore Pd.(App) ORAL ORDER 2 20-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Sirdala P.S. Case No. 31 of 2024 instituted for the offences punishable under Sections 30(a)(c) and 41 of Bihar Prohibition and Excise Act 2016.
As per the prosecution case, total 215 liters of country made mahua liquor and 1700 litre fermented Jawa Mahua has been recovered from the Shelgar forest.
Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has no concern with the alleged recovered liquor and place of recovery. Neither the Patna High Court CR. MISC. No.32457 of 2024(2) dt.20-05-2024 petitioner was arrested on the spot nor any incriminating article has been recovered from his conscious possession. Both the seizure list witnesses are police personnel which is complete violation of Section 100 of Cr.P.C. It is next submitted that one of the co-accused has been granted bail by the Co-ordinate Bench of this Court vide order dated 21.03.2024 passed in Cr. Misc. No. 23367 of 2024. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. He is languishing in judicial custody since 02.02.2024.
Learned APP for the State has vehemently opposed the prayer for bail.
Operative part
Considering the facts and circumstances of the case and submissions made on behalf of the petitioner as well as period of custody of the petitioner, let the above named petitioner 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 Court-I, Nawada in connection with Sirdala P.S. Case No. 31 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 Patna High Court CR. MISC. No.32457 of 2024(2) dt.20-05-2024 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. Mayank/- U T (Ramesh Chand Malviya, J)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: petitioner be released on bail after framing of charge on
Which statutory provisions did this judgment involve?
Bihar Prohibition and Excise Act, 2016 — ss. 30(a)(c), 41; 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.