, bail granted to petitioner in prohibition case involving country liquor. Court directed release on furnishing bond of Rs. 50,000 with two sureties and depositing Rs. 50000 cash.
Released on bail with bond of Rs. 50,000 and two sureties; condition to deposit Rs.50,000 cash with trial court.
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.23402 of 2020
Arising Out of PS. Case No.-327 Year-2020 Thana- TURKAULIYA District- East Champaran
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SATYENDRA KUMAR @ PACHCHAR, Son of Naval Chaudhary @ Naval Kishor Chaudhary, Resident of Village- Jaisinghpur, P.S.- Turkaulia, DistrictEast Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Parmanand Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
2 15-09-2020 Heard learned counsel for the petitioner and the State.
The petitioner is in custody in connection with Turkaulia P.S. Case No. 327 of 2020 for the offence under Sections 272, 273/34 of the Indian Penal Code and Sections 30(a), 38(1) and 41(1) of the Bihar Prohibition and Excise Act.
Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. He further submits that allegation against the petitioner is that he was apprehended by the police on 03.06.2020 and 200 litres of country made liquor was sized behind the house of Chandrakishore Rai and 70 litres of country made liquor was seized from the Dickey of a Car. The petitioner is in custody since 03.06.2020.
Considering the fact that the petitioner has got no
Patna High Court CR. MISC. No.23402 of 2020(2) dt.15-09-2020 2/2
criminal antecedent, the petitioner named above, is directed to be released on bail on furnishing bail bonds of Rs. 50,000/(Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of 7th Additional Sessions Judge-cumSpecial Judge, Excise, Act, Motihari, East Champaran in connection with Turkaulia P.S. Case No. 327 of 2020 subject to the condition that the petitioner shall deposit Rs.50,000/- (fifty thousand) cash in the court below and the same shall be abide by the final outcome in the trial i.e. if the petitioner is acquitted the amount of Rs.50,000/- shall be refunded in favour of the petitioner, otherwise it shall be forfeited.
(Anil Kumar Upadhyay, J)
uday/-
U T
2 issues framed by the court
whether petitioner should be released on bail
what conditions should attach to bail
2 provisions across 2 enactments
Satyendra Kumar @ Pachchar
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
