Allowed

Binod Choudhari v. The State of Bihar

Patna HC13 May 2020CR. MISC./6736/2020

Case brief

AI extract

What is this about?

The single judge granted bail to two petitioners accused of running an illegal liquor bhatti under the Bihar Prohibition and Excise Act, 2016. Bail was assured on bond with sureties, with a fallback mechanism for provisional release on personal bonds if lockdown prevented surety availability.

What did the court decide?

Released on bail by furnishing a bond of Rs. 10,000 and two sureties; alternatively, release provisionally on personal bonds if sureties are unavailable due to lockdown.

Binod Choudhari Vs The State of Bihar — Bail and Remand | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6736 of 2020

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Arising Out of PS. Case No.-65 Year-2019 Thana- MAGADH MEDICAL COLLEGE District- Gaya

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

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BINOD CHOUDHARI Son of Rajdev Choudhari Resident of Village - Pathroura Bhukhan Bigha, P.S.- Magadh Medical, Distt.- Gaya.

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Raju Choudhari Son of Late Shiva Chaoudhari Resident of Village - Pathroura Bhukhan Bigha, P.S.- Magadh Medical, Distt.- Gaya.

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... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vinod Kumar For the Opposite Party/s : Mr.Mohammad Sufyan ======================================================

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CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA

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ORAL ORDER

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3 13-05-2020

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Heard learned counsel appearing for the petitioners as well as learned Additional Public Prosecutor for the State through video conferencing.

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Petitioners are in jail custody since 11.12.2020 in connection with Magadh Medical College P.S. Case No. 65 of 2019 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

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120 Kg. Mahua, 110 Kg. Kismish and 105 Kg. Gur were recovered from the house of petitioner No. 1, whereas 10 litres mahua liquor and 5000 litres jawa mahua were recovered from a pit situated in front of the house of the petitioner No. 2. The specific allegation against these petitioners is that they were running liquor Bhatti when police raided, they managed to flee from there.

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Patna High Court CR. MISC. No.6736 of 2020(3) dt.13-05-2020 2/2

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Learned Additional Public Prosecutor opposed the prayer pointing out that the petitioners do have criminal antecedent.

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Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya/concerned court in connection with Magadh Medical College P.S. Case No. 65 of 2019.

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However, it is made clear that if the petitioners fail to make available sureties due to lock down as well as due to prevailing situation, the concerned court shall release the petitioners provisionally on personal bonds with condition that petitioners shall furnish the sureties when lock down is over.

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(Hemant Kumar Srivastava, J)

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Spd/-

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U T

Binod Choudhari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Binod Choudhari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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