A person accused of an offence under the Bihar Prohibition and Excise Act may be granted bail if he is in custody for a long period, charge-sheet has been submitted in the case, and he is a person with clean antecedent.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58973 of 2021

Arising Out of PS. Case No.-335 Year-2020 Thana- BABUBARHI District- Madhubani

======================================================

Pankaj Kumar Singh Son of Pramod Kumar Singh Resident of Village-

Barail, P.S.- Babubarhi, District- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr. Md. Soban Asghar, Advocate

For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

ORAL ORDER

2

13-01-2022

Heard learned counsel for the petitioner and Shri

Sanjay Kumar Sharma, learned A.P.P. for the State through

virtual court proceedings.

The petitioner seeks bail in connection with

Babubarhi P.S. Case No. 335 of 2020 instituted for the offences

under Sections 272 and 273 of the Indian Penal Code read with

Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the

petitioner is in custody since 18.08.2021, is a person with clean

antecedent and charge-sheet has been submitted in the case.

Learned counsel for the petitioner submits that

allegation is of recovery of 198 litres of liquor from an open

space in the house of the petitioner.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.58973 of 2021(2) dt.13-01-2022

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house, from where alleged recovery has been made, is a joint

family property as such petitioner was not aware who kept the

liquor in the open space.

Learned A.P.P. for the State vehemently opposes the

prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody

since 18.08.2021, charge-sheet has been submitted in the case

and the petitioner is a person with clean antecedent, let the

petitioner above named be released on bail on furnishing bail

bond of Rs. 5,000/- (Rupees Five Thousand) with two sureties

of the like amount each to the satisfaction of learned 2^nd

Additional Sessions Judge-cum-Special Judge, Excise Act,

Madhubani in connection with Babubarhi P.S. Case No. 335 of

2020.

Rishi/-

(Satyavrat Verma, J)

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