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2023 Supreme(Online)(Pat) 93
PATNA HIGH COURT
Mr. Justice Arun Kumar Jha
PAWAN KUMAR SINGH @ PAWAN SINGH @ PAWAN – Appellant
Versus
The State – Respondent
CR. MISC./60494/2022
A person accused of an offence under the Bihar Prohibition Act and Excise Act is entitled to bail if he is not apprehended from the spot and no recovery is made from his conscious possession.
Headnote:
BAIL - BIHAR PROHIBITION ACT - SECTION 30(A) - EXCISE ACT - BAIL GRANTED - PETITIONER NOT APPREHENDED FROM THE SPOT - NO RECOVERY FROM HIS CONSCIOUS POSSESSION - NAMED IN THE CASE ON THE DISCLOSURE OF THE CO-ACCUSED PERSONS - OTHER CO-ACCUSED PERSONS GRANTED BAIL - CHARGE SHEET SUBMITTED - PERIOD OF CUSTODY OF THE PETITIONER
Fact of the Case:
The petitioner was arrested in connection with a case registered under Section 30(a) of the Bihar Prohibition Act and Excise Act. The prosecution alleged that the petitioner was the intended recipient of 108 litres of beer and 150 litres of country-made liquor seized from two co-accused persons. The petitioner was not apprehended from the spot and no recovery was made from his conscious possession.
Finding of the Court:
The court found that the petitioner was not apprehended from the spot and no recovery was made from his conscious possession. The court also noted that the other co-accused persons had been granted bail and that the charge sheet had been submitted against the petitioner.
Issues: Whether the petitioner should be granted bail.
Ratio Decidendi: The court held that the petitioner was entitled to bail as he was not apprehended from the spot and no recovery was made from his conscious possession. The court also considered the fact that the other co-accused persons had been granted bail and that the charge sheet had been submitted against the petitioner.
Final Decision: The court granted bail to the petitioner on the condition that he furnish bail bond of Rs. 20,000/- with two sureties of the like amount each.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60494 of 2022
Arising Out of PS. Case No.-416 Year-2021 Thana- BANIAPUR District- Saran
======================================================
Pawan Kumar Singh @ Pawan Singh @ Pawan Son of Prabhat Singh R/v-
Ibrahimpur P.S.- Baniyapur, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Harsh Anuj, Advocate
For the Opposite Party/s :
Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2
04-01-2023
Heard learned counsel for the petitioner and learned
APP for the State.
In the present case, the petitioner seeks bail in
connection with Baniyapur P.S.Case No. 416 of 2021 registered
for the alleged offences under Section 30(a) of the Bihar
Prohibition Act and Excise Act.
As per prosecution case, two co-accused persons were
apprehended with 108 litres of beer and 150 litres of country
made liquor. The apprehended co-accused persons named the
petitioner as the intended recipient of the illicit liquor.
Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot and no recovery
has been shown from his conscious possession. He has been
named in this case on the disclosure of the co-accused persons,
Patna High Court CR. MISC. No.60494 of 2022(2) dt.04-01-2023
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but the petitioner has got no concern with the seized illicit
liquor. Learned counsel further submits that other co-accused
persons have been granted bail vide orders dated 07.06.2022 in
Cr. Misc. No. 21500 of 2022 and 26.08.2022 in Cr. Misc. No.
42752 of 2022 by a learned Coordinate Bench. The case of the
petitioner stands on similar footing. The petitioner is in custody
since 08.09.2022 and charge sheet has been submitted.
Learned APP opposes the prayer for bail.
Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that the petitioner was not apprehended from the spot and
no recovery has been shown from him and further considering
grant of bail to other co-accused persons along with the period
of custody of the petitioner and submission of charge-sheet
against him, the petitioner above named is directed to be
released on bail on furnishing bail bond of Rs. 20,000/- (twenty
thousand) with two sureties of the like amount each to the
satisfaction of learned Court of 1st Exclusive Special Excise
Court, Saran at Chapra in connection with Baniyapur P.S.Case
No. 416 of 2021, subject to the following conditions :
(i) One of the bailors will be a close relative of
the petitioner.
Patna High Court CR. MISC. No.60494 of 2022(2) dt.04-01-2023
3/3
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence for three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
himanshu/-
(Arun Kumar Jha, J)
U
T
