Allowed

Santosh Chaudhary @ Santosh Kumar Chaudhary v. The State of Bihar

Patna HC24 Jun 2020CR. MISC./4947/2020

Case brief

AI extract

What is this about?

In a Criminal Miscellaneous application, the Patna High Court granted anticipatory bail to the petitioner accused in a liquor FIR. The court allowed bail subject to surrender within six weeks and furnishing a bond with two sureties.

What did the court decide?

Petitioner enlarged on bail with Rs.10,000 bond and two sureties, subject to surrender within six weeks.

Santosh Chaudhary @ Santosh Kumar Chaudhary Vs The… — Service and Employment | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4947 of 2020

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Arising Out of PS. Case No.-261 Year-2019 Thana- KARJA District- Muzaffarpur

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======================================================

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SANTOSH CHAUDHARY @ SANTOSH KUMAR CHAUDHARY S/o Late Satrughan Chaudhary R/o village- Bakhra, P.S.- Saraiya, DistrictMuzaffarpur.

... ... Petitioner.

Versus

The State of Bihar

... ... Opposite Party. ====================================================== Appearance : For the Petitioner : Mr. Amit Kumar Jha, Advocate. For the State : Mr. Bal Mukund Prasad Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA

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ORAL ORDER

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4 24-06-2020

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Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing.

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The petitioner apprehends his arrest in connection with Karja P.S. Case No.261 of 2019 registered under Sections 272 and 273/34 of the Indian Penal Code besides Sections 30(A) and 38 of the Bihar Prohibition and Excise Act, 2016.

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The accusation is that on 28.09.2019 at about 03.30 O’ clock., the informant, on receiving the telephonic information about carrying the cartoons of liquor loading on a truck container and unloading the same in different small vehicles by the businessmen of illicit liquor, namely, Santosh Chaudhary (petitioner), Sanjay Rai, Manoj Rai and Nawal Rai along with 3- 4 unknown in village-Gavsara near Government High School-

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Patna High Court CR. MISC. No.4947 of 2020(4) dt.24-06-2020 2/3

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cum-Inter College, along with other police personnel reached there and saw three vehicles parked there. 7-8 persons were also found there. On seeing the police vehicle, the aforesaid persons succeeded to flee away. On search of the vehicles, several bottles of Indian Made Foreign Liquor, kept in different cartoons, in the volume of 1788.840 liters, were recovered.

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Learned counsel for the petitioner submits that it would appear from the F.I.R. that the name of the petitioner and others has come in the F.I.R. merely on telephonic information about doing the business of illicit liquor by them. The petitioner was not apprehended on the spot nor he is the driver or the owner of the seized vehicles. In fact, the petitioner is accused in several other cases of similar nature, as detailed in paragraph-3 to this application, in which he is on bail, due to that reason, the petitioner has falsely been implicated in this case.

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Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Act, Muzaffarpur, in connection with Karja P.S. Case No.261 of

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Patna High Court CR. MISC. No.4947 of 2020(4) dt.24-06-2020 3/3

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2019, subject to the conditions laid down under Section 438(2) Cr.P.C. Out of the two sureties, one must be the close relative of the petitioner.

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(Rajendra Kumar Mishra, J)

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P.S./-

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U T

Santosh Chaudhary @ Santosh Kumar Chaudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Santosh Chaudhary @ Santosh Kumar 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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