PATNA, India, July 2 -- Patna High Court issued the following order on June 2:

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 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 contravention 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

Disclaimer: Curated by HT Syndication.