Allowed

Dinesh Chaudhary v. The State Of Bihar

Patna HC11 Feb 2013CR. MISC./5663/2013

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition for anticipatory bail, the Patna High Court granted bail to the petitioner who apprehended arrest under the Excise Act. The court noted the arrest of the vehicle driver following a chase and directed release subject to bond conditions.

What did the court decide?

Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties of like amount if arrested within 12 weeks under Section 438(2) Cr.P.C. conditions.

Dinesh Chaudhary Vs The State Of Bihar — Cheque Dishonour | Patna HC (2013)

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Patna High Court Cr.Misc. No.5663 of 2013 (3) dt.11-02-2013

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5663 of 2013

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====================================================== Dinesh Chaudhary .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. A.K.Thakur, Advocate. For the Opposite Party/s: Mr. A.P.P. CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER

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3 11-02-2013 Heard learned counsel for the petitioner and learned A.P.P. for the State.

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This petition for anticipatory bail has been filed on behalf of the petitioner who apprehends his arrest for the offence alleged under Section 47(a) (f) of Excise Act.

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The allegation is that when a vehicle was being chased by Sub Inspector Excise along with his subordinates it fell in a ditch and from which spirit was seized and the driver who was slightly injured was also arrested. It is further stated that the petitioner fled away under cover of darkness.

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It is submitted that the petitioner has been falsely implicated as it is inconceivable that he could be identified by name in the early hours when it was admittedly dark though he could have managed to flee away, more so when the driver was not so identified when arrested. He also refers to the improvement

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Patna High Court Cr.Misc. No.5663 of 2013 (3) dt.11-02-2013

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made by taking the stand before the learned Sessions Judge that the petitioner’s name had been disclosed by the driver of the vehicle, namely, Rajesh Chauhan.

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Considering the above facts, in the event of the arrest or surrender before the court below within 12 weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bonds of Rs.10, (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Complaint Case No.C2-A51/2012, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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AnilKrSinha/-

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(Vikash Jain, J)

Dinesh Chaudhary v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Dinesh Chaudhary v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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