[ad_1]
Patna High Court – Orders
Madan Saw @ Madan Sah vs The State Of Bihar on 2 June, 2025
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34131 of 2025
Arising Out of PS. Case No.-235 Year-1998 Thana- MANER District- Patna
======================================================
Madan Saw @ Madan Sah S/o Late Baban Sao Resident of Village- Rampur
Diyara, PS- Maner, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binit Kumar, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 02-06-2025
Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Maner P.S. Case No. 235 of 1998, lodged on 01.12.1998, under
Sections 47(A) of the Excise Act.
3. As per the prosecution, F.I.R. has been lodged
against two named accused persons, including the present
petitioner. There is an allegation that the petitioner was selling
wine in pouches. Upon raid, the police recovered the said
pouches from the possession of the petitioner, and thereafter, the
case was lodged under Section 47(A) of the Bihar Excise Act,
1915.
4. Learned counsel for the petitioner submits that the
petitioner was granted bail and thereafter furnished the bail
bond. Counsel further submits that the petitioner is an accused
Patna High Court CR. MISC. No.34131 of 2025(2) dt.02-06-2025
2/6
in Maner P.S. Case No. 235 of 1998, and after furnishing the
bail bond, he became absent before the Trial Court since
25.04.2000. He was declared an absconder vide order dated
25.05.2023, and a permanent warrant was issued. Thereafter, he
was arrested and forwarded in this case on 11.03.2025 by the
police. Counsel further submits that the criminal antecedents of
the petitioner are clean, he has been in custody since
11.03.2025, and he is ready to furnish the bail bond, whatever
conditions may be imposed by this Hon’ble Court.
5. Learned APP for the State opposes the prayer for
bail and submits that the petitioner had intentionally not
appeared since 25.04.2000, and only after being declared an
absconder on 25.05.2023, he was taken into custody on
11.03.2025.
6. After hearing the parties, it transpires to this Court
that in the present case, Section 47(A) of the Bihar Excise Act,
1915 is not applicable to the petitioner, rather, Section 47(a) is
applicable and this Court feels it necessary to quote Section 47
of the Bihar Excise Act, 1915, which is as follows:–
“47. Penalty for unlawful import,
export, transport, manufacture, possession,
consumption, sale etc.-If any person, in
Patna High Court CR. MISC. No.34131 of 2025(2) dt.02-06-2025
3/6contravention of this Act, or of any rule,
notification, or order made, issued or given
or licence, permit or pass granted under this
Act
(a) imports, exports, transports,
manufactures, possesses, consumes or sells
any intoxicant; or
(b) cultivates any hemp-plant; or
(c) collects or sells any portion of
the hemp-plant from which an intoxicating
drug can be manufactured or produced; or
(d) bottles any liquor for purposes
of sale; or
(e) works any distillery or
brewery; or
(f) uses, keeps or has in his
possession any material still, utensil,
implement, or apparatus whatsoever for the
purpose of manufacturing any intoxicant
other than tari; or
(g) establishes any distillery,
brewery or warehouse; or
Patna High Court CR. MISC. No.34131 of 2025(2) dt.02-06-2025
4/6
(h) removes any intoxicant from
any distillery, brewery, warehouses, other
place of storage licensed, established,
authorised or continued under this Act;
he shall be punished with
imprisonment for a term which may extend
to three years and shall be liable to fine
which may extend to five thousand rupees
and in default of payment of fine, he shall be
punished with a further imprisonment for a
term which may extend to one year :
Provided that this punishment
shall be-
(1) for the first offence he shall be
liable for imprisonment for a term which
shall not be less than three months and a
fine of not less than five hundred rupees and
in default of payment of fine, a further
imprisonment for a term of fifteen days ;
(2) for the second and subsequent
offences he shall be liable for imprisonment
for a term which shall not be less than six
Patna High Court CR. MISC. No.34131 of 2025(2) dt.02-06-2025
5/6months and a fine of not less than one
thousand rupees, and in default of payment
of fine a further imprisonment for a term of
one month.”
7. It further transpires to this Court that the
punishment for the said offence is imprisonment for a term
which may extend to three years, and shall be liable to a fine
which may extend to five thousand rupees, in default of
payment of fine, he shall be punished with a further
imprisonment for a term which may extend to one year. It also
transpires to this Court that, for the first offence, the accused
shall be liable to imprisonment for a term not less than three
months and to a fine not less than five thousand rupees.
8. Admittedly, the petitioner has been in custody since
11.03.2025, and today is 02.06.2025. Only a few days are left
for the completion of three months.
9. In the present facts and circumstances of this case
and the submissions made above, let the petitioner above
named, be granted bail on furnishing bail bonds of Rs.30,000/-
(Rupees Thirty thousand) as mentioned in Section 2(1) (d) of
the BNSS, 2023 to the satisfaction of Sessions Judge, Patna, in
connection with Maner P.S. Case No. 235 of 1998, subject to the
Patna High Court CR. MISC. No.34131 of 2025(2) dt.02-06-2025
6/6
following conditions as laid down under Section 480(3) of the
BNSS.
10. It is further directed to the Trial Court that the
final decision with regard to the petitioner shall be taken in the
light of Section 47(a) of the Bihar Excise Act, 1915, and the
case of the petitioner shall be concluded in accordance with law,
bearing in mind that a speedy trial is the constitutional vision of
justice.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
[ad_2]
Source link