AT PATNA CRIMINAL MISCELLANEOUS No. 67947 of 2024 · Patna High Court
Case at a glance
Outcome
Bail granted
Let the petitioner be released on bail in the event of
Provisions considered
- Bihar Prohibition and Excise Act ss. 30(a), 41(i)
- Code of Criminal Procedure, 1973 s. 438(2)
Key paragraphs
- Para 33. As per the prosecution story, the informant alleged that upon secret information, it reached the place of occurrence when the accused started escaping. The chowkidar identified the petitioner being one of them and behind the bushes, there is allegation of recovery of 819 liters…
Judgment
Mr. Anish Kumar, Advocate Mr. Jitendra Kumar Singh, APP ORAL ORDER 2 03-10-2024 Heard Mr. Anish Kumar, learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP.
The petitioner is apprehending his arrest in connection with Mushrigharari P.S. Case No. 102 of 2024 for the offence under Sections 30(a), 41(i) of the Bihar Prohibition and Excise Act, lodged on 19.07.2024 by the informant, Pradeep Kumar.
As per the prosecution story, the informant alleged that upon secret information, it reached the place of occurrence when the accused started escaping. The chowkidar identified the petitioner being one of them and behind the bushes, there is allegation of recovery of 819 liters of foreign liquor. Accordingly, the F.I.R.
Learned counsel for the petitioner submits that he is innocent, the chowkidar has got the habit of implicating people Patna High Court CR. MISC. No.67947 of 2024(2) dt.03-10-2024 and in the process, named him. Admittedly, the recovery is from an open place which in no way can be attributed to him. Further, the submission is that without accepting the allegation and/or the come of the present petition the petitioner on its own would like to contribute Rs. 20,000/- payable to the Executive Officer, Patna Municipal Corporation, Bankipur Circle for the installation of water supply pipe/chairs/toilet near Kadamghat/River Front, Patna through Demand Draft issued by the local State Bank of India to be submitted before the ‘NAZARAT’ of concerned Court to be handed over to the Executive Officer, Patna Municipal Corporation, Bankipur Circle after checking the credentials.
Learned APP opposes the prayer submitting that the chowkidar has named him.
Though, the chowkidar has named him, considering the recovery/seizure is from an open place, this Court is inclined to extend him the privilege of anticipatory bail subject to payment of Rs. 20,000/- as undertaken by the learned counsel for the petitioner to be paid by Demand Draft of local State Bank of India to the Trial Court which will go to the Executive Officer, Patna Municipal Corporation, Bankipur Circle and the receipt of expenses have to be submitted before the Trial Court.
Operative part
Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt Patna High Court CR. MISC. No.67947 of 2024(2) dt.03-10-2024 of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Exclusive Special Judge, Excise-1st Samastipur, in connection with Musrigharari P.S. Case No. 102 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide; (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself; (iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his/her bail bonds. Patna High Court CR. MISC. No.67947 of 2024(2) dt.03-10-2024
List this case on 18.10.2024 under the heading ‘To Be Mentioned’ and The Executive Officer is duty bound to submit a report within two weeks on: i. whether the water supply has become functional or not; ii. whether the four chairs have been installed under the shade constructed near the Kadamghat/River Front or not; iii. the status regarding the construction of the washroom for female sanitation workers who are stationed at the said River Front.
Mr. Jitendra Kumar Singh, learned APP undertakes to inform the said Executive Officer and ensure submission of the report on 18.10.2024. Adnan/- U T (Rajiv Roy, 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 in the event of
Which statutory provisions did this judgment involve?
Bihar Prohibition and Excise Act — ss. 30(a), 41(i); 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.