Case Law Details
Rahul Yadav Vs State of Bihar (Patna High Court)
Introduction: The Patna High Court recently granted provisional bail to Rahul Yadav and others in connection with Excise Case No. 358 of 2021. The case, registered under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Amendment Act 2018, involved the recovery of foreign liquor from a truck. This article delves into the court’s decision, examining the details of the case and the conditions imposed for bail.
Detailed Analysis: The petitioners, including Rahul Yadav, sought regular bail in the excise case where 62.250 liters of various foreign liquor brands were seized from a truck registered as DL1GC-2325. The petitioner argued that he, being the truck driver, had no knowledge of the illicit liquor loaded onto the vehicle. Petitioner no.1, responsible for delivering GST goods to a consignee in Muzaffarpur, carried all relevant documents.
The State opposed bail, citing the prevalence of illicit liquor trade and the public health impact. The court noted the seriousness of the matter, especially considering Muzaffarpur’s connection to liquor smuggling. The court directed the Inspector General of Prohibition to submit a report on actions against smuggling, including officials’ accountability. The Superintendent of Police, Gopalganj, was instructed to provide details of liquor manufacturers, consignors, and consignees.
Despite concerns, the court considered the petitioner’s plea of innocence and ordered provisional bail on a bail bond of Rs. 300,000 each, with local sureties. Conditions included cooperation in the trial, proper representation, non-tampering with evidence or witnesses, and the potential cancellation of bail upon involvement in similar offenses post-release.
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