‘Read our order’: SC refuses to cancel bail of 40 under Bihar prohibition law - Hindustan Times
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‘Read our order’: SC refuses to cancel bail of 40 under Bihar prohibition law

ByHT Correspondent
Jan 27, 2022 07:13 PM IST

The Supreme Court bench led by Chief Justice of India NV Ramana refused to recall, modify or clarify its January 11 order on bail granted to accused under Bihar prohibition law

NEW DELHI: The Supreme Court on Thursday refused to entertain a plea by the Bihar government against the grant of bail to more than three dozen accused charged under the state’s liquor prohibition law.

On January 11, the Supreme Court rejected a clutch of appeals moved by Bihar government against bail granted to almost 40 accused under the prohibition law (ANI)
On January 11, the Supreme Court rejected a clutch of appeals moved by Bihar government against bail granted to almost 40 accused under the prohibition law (ANI)

A bench headed by Chief Justice of India NV Ramana shot down the request made by the state government to clarify its order of January 11 when the court affirmed the bail granted to almost 40 accused booked under the Bihar Prohibition and Excise Act, 2016.

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“We are not going to recall or modify our order. Bails were granted to the accused more than two years ago and now you want us to interfere. We are not inclined to entertain any plea by the state government,” the bench, which included justices AS Bopanna and Hima Kohli, told senior advocate Ranjit Kumar.

Also Read: 6th year into prohibition, Bihar begins a social audit of liquor ban impact

Kumar, appearing for the Bihar government, sought to persuade the bench that January 11 order may be cited as a precedent by other accused charged under the prohibition law and this could dilute the rigours of the Act.

“There is no provision for anticipatory bail under Section 76 of the Act. We only want this court to say that there is no decision made on Section 76 of the Act,” Kumar argued.

But the bench remained unimpressed. “Read our order. What did we say? We said that most of these accused were granted bail three-four years ago and therefore, there is no good ground to send them back to jail now. We also said that prosecution should rather work to prove its case and secure conviction if they are guilty,” the bench told Kumar.

Also Read: Bihar considers relaxation in liquor law

The bench added: “We are not going to say anything about the bail order any more. Also, the constitutionality of the Act is pending before some other bench. So, we are not commenting on the Act. Our order was confined to bail.”

With the writing on the wall, Kumar opted to withdraw the state’s application without pressing it any further.

On January 11, the bench rejected a clutch of appeals moved by the state government against bail granted to almost 40 accused.

Also Read: Prohibition kept Bihar cops busy in 2021, 9 get death for hooch tragedy

“Having regard to the fact that in most of the cases three/four years has passed since the bail granted to the respondents by the high court, we are not inclined to interfere with the impugned orders passed by the said court at this stage,” the SC order had said.

It had further noted that there was no specific complaint of violation of the bail condition by the accused. “To achieve the object of the Act, the prosecution of the case should be made in all earnestness to secure conviction and punishment,” underscored the bench in its order on January 11.

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