Kaila Yadav @ Kailash Kumar v. The State of Bihar
Case at a glance
- Bench
- PARTHA SARTHY
Provisions considered
- Bihar Prohibition and Excise Act, 2016 s. 30(a)
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY Md. Harun Quareshi, Advocate Mr. Abhay Kumar, APP ORAL ORDER 2 02-09-2024
Heard learned counsel for the parties.
The petitioner in this application prays for bail apprehending his arrest in connection with Sonbarsa Raj P.S. Case no.56 of 2024 registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.
As per the prosecution case, while 60 liters of mahua liquor was recovered in a gallon from the basa of the petitioner, the petitioner was seen escaping.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No incriminating article has been recovered as alleged in the FIR. In any case of the matter, the alleged place of recovery is an open place accessible to all and cannot be said to be under the exclusive control of this petitioner. The petitioner has no Patna High Court CR. MISC. No.55312 of 2024(2) dt.02-09-2024 criminal antecedent and undertakes to cooperate in the case.
The application for bail is opposed by learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the alleged place of recovery of the seized liquor and specially the petitioner not having any criminal antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Sonbarsa Raj P.S. Case no.56 of 2024 on 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), Saharsa, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Saurabh/- U T (Partha Sarthy, J)
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.