Ajay Paswan v. Katihar
Case at a glance
Outcome
Bail granted
Let the petitioner be released on bail on furnishing
Provisions considered
- Bihar Prohibition and Excise Act s. 30(a)
- Code of Criminal Procedure, 1973 s. 100
Judgment
The State of Bihar ====================================================== Appearance : : For the Petitioner/s For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA Mr. Sanjeev Kumar Singh, Advocate Mr. Nityanand, APP 2 24-06-2024 Heard learned counsel for the petitioner and learned ORAL ORDER APP for the State.
The petitioner seeks bail in Katihar Nagar Sahayak P.S. Case No. 164 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
The prosecution case, in short, is that, 360 liters liquor was recovered from motorcycle and boat.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the petitioner is not the owner of the motorcycle and boat in question. Name of the petitioner has transpired on the basis of secret information which was received by the Patna High Court CR. MISC. No.43540 of 2024(2) dt.24-06-2024 police. The petitioner is in custody since 23.04.2024 and has got four criminal antecedents. There is no compliance of Section 100 of Cr.P.C.
Learned APP 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Katihar Nagar Sahayak P.S. Case No. 164 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. Rajorshi/- U T (Rudra Prakash Mishra, J)
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?
Bihar Prohibition and Excise Act — s. 30(a); 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.