The High Court at Patna granted bail to the petitioner in a Bihar Prohibition and Excise Act case where liquor was recovered from an accomplice's premises, finding the petitioner falsely implicated with no possession of incriminating articles.
The petitioner is enlarged on bail on furnishing a bond of Rs. 10,000 with two sureties of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2127 of 2018
Arising Out of PS.Case No. -44 Year- 2017 Thana -BADHAILA District- SASARAM (ROHTAS)
====================================================== 1. Raju Choudhary, S/o Late Lal Mohar Choudhary, resident of VillageKaran, P.S. Baghaila, District- Rohtas. .... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Santosh Kumar Singh For the Opposite Party/s : Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER
02 23-01-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Baghaila P.S. Case No. 44 of 2017 registered under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
As per the prosecution case, 300 liters of country made liquor is said to have been recovered from the ‘Khalian’ and garage of the accused Mantu Chaudhary.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has been falsely implicated in this case. He is neither concern with the aforesaid ‘Khalian’ or the garage nor with the seized liquor. He
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was not apprehended on the spot. He happens to be the brother of the accused Mantu Chaudhary. He has no criminal antecedent. The petitioner has been languishing in custody since 17.11.2017. . In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Rohtas at Sasaram in connection with Baghaila P.S. Case No.44 of 2017.
(Prakash Chandra Jaiswal, J)
Trivedi/-
U T
1 issue framed by the court
Whether the petitioner, being falsely implicated and having no incriminating article recovered from his possession, is entitled to bail.
1 provisions across 1 enactments
RAJU CHOUDHARY
THE STATE OF BIHAR
PRAKASH CHANDRA JAISWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
