Sonu Kumar Ram @ Sonu Ram v. The State of Bihar
Case at a glance
Outcome
Allowed
This application stands allowed
Provisions considered
- Bihar Prohibition and Excise Act, 2016 s. 30(a)
- Code of Criminal Procedure, 1973 s. 438(2)
Key paragraphs
- Para 88. This application stands allowed. arvind/- U T (Rajeev Ranjan Prasad, J)
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER Mr.Nalin Kumarm, Advocate Mr.Md. Fahimuddin, APP 2 03-06-2024 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner, in the present case, is seeking pre- arrest bail in connection with Bhagwan Bazar P.S. Case No.533 of 2020 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The petitioner has got one criminal antecedent.
As per the prosecution story, allegedly 25 liters of illicit liquor have been recovered from a motorcycle bearing Reg. No.BR-045-5464.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel submits that the motorcycle from which 25 liters of illicit liquor have been recovered does not belong to Patna High Court CR. MISC. No.35066 of 2024(2) dt.03-06-2024 the petitioner.
Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
Having regard to the submission that the alleged 25 liters of illicit liquor has been recovered from the motorcycle which does not belong to the petitioner and as per the seizure list enclosed to this application the seizure is said to have been made from a place known as Dada Sahab Mazar and both the seizure list witnesses are police personnel, the petitioner has got one criminal antecedent in which he is said to be on bail, this Court directs that in case of his arrest/surrender within a period of four weeks from today, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 1st Exclusive Special Excise Court, Saran at Chapra in connection with Bhagwan Bazar P.S. Case No. 533 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for Patna High Court CR. MISC. No.35066 of 2024(2) dt.03-06-2024 cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
Operative part
This application stands allowed. arvind/- U T (Rajeev Ranjan Prasad, J)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: This application stands allowed
Which statutory provisions did this judgment involve?
Bihar Prohibition and Excise Act, 2016 — s. 30(a); Code of Criminal Procedure, 1973 — s. 438(2).
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.