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RAJEEV RANJAN PRASAD
Bajrangi Singh @ Sandeep Singh @ Bajrangi – Appellant
Versus
State of Bihar – Respondent
RAJEEV RANJAN PRASAD, J.:–Heard learned counsel for the petitioner and learned counsel for the State.
2. This revision application has been preferred for setting aside the order dated 23.03.2022 passed by learned 2nd Exclusive Special Excise Court, Saran at Chapra whereby and whereunder the learned court has been pleased to reject the prayer for ‘default’ bail of the petitioner under Section 167(2) Cr.P.C. in connection with Manjhi P.S. Case No. 172 of 2019 registered under Sections 30/30(a)/38(i)(ii) of Bihar Prohibition and Excise Act (hereinafter referred to as ‘the Act of 2016’).
3. Learned counsel for the petitioner submits that as per the prosecution story, in course of checking of the vehicle in question a total 1664.73 liters of foreign liquors were recovered from the truck. The apprehended accused disclosed their names as well as the names of the other accused persons. This petitioner has been named as one of those persons to whom the supply of liquor was to be made.
4. Learned counsel submits that it is a case of false implication of the petitioner on the basis of the alleged statement of the truck driver. It is his submission that in similar manner, the petitioner has been
The central legal point established in the judgment is that once an accused files an application for bail under Section 167(2) of the Cr.P.C., they are deemed to have 'availed of' or enforced their r....
The right to default bail under Section 167(2) of the CrPC is a fundamental right linked to personal liberty under Article 21 of the Constitution, but it is contingent upon the bail application being....
The right to default bail under Section 167(2) of the Cr.P.C. is triggered by the filing of a bail application after the expiration of the statutory period for filing a charge sheet, and this right c....
The right to default bail under Section 167(2) Cr.P.C. is an indefeasible right that cannot be extinguished by the mere filing of an incomplete chargesheet.
(1) Default bail – Period of 90 days is stated to be counted when investigation for fresh offence(s) is started and not from date of lodging of FIR.(2) Default bail – Right to seek default/statutory ....
Point of law : The right to be released on default bail continues to remain enforceable if the accused has applied for such bail, notwithstanding pendency of the bail application; or subsequent filin....
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