Allowed

Bhola Choudhary @ Niraj Kumar Choudhary v. The State of Bihar

Patna HC12 Apr 2021CR. MISC./5635/2021

Case brief

AI extract

What is this about?

In a bail petition arising from an excise case, the Patna High Court released the petitioner on bail upon furnishing a bond of Rs. 20,000 with two sureties, conditions of his presence and non-tampering with evidence.

What did the court decide?

Petitioner released on bail with Rs. 20,000 bond and two sureties of like amount to the satisfaction of the lower court.

Bhola Choudhary @ Niraj Kumar Choudhary Vs The… — Pension and Retirement Benefits | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5635 of 2021

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Arising Out of PS. Case No.-398 Year-2020 Thana- KOILWAR District- Bhojpur

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====================================================== BHOLA CHOUDHARY @ NIRAJ KUMAR CHOUDHARY Son of Late Thek Lal Chaudhary Resident of Village - Baburbani, P.S.- Koilwar, District - Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Deovind Kumar Singh, Adv For the Opposite Party/s : Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER

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2 12-04-2021 Heard learned counsel for the parties.

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Petitioner who is in custody seeks bail in a case registered for the offence punishable under under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

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Allegation is of recovery of 139 litre of illicit country made liquor from the house of co-accused Upadhya Mistri.

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It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on mere suspicion. It has been submitted on behalf of the petitioner

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Patna High Court CR. MISC. No.5635 of 2021(2) dt.12-04-2021 2/3

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that the name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused Upadhya Mistri, who has already been granted by a co-ordinate bench of this Court vide order 16.03.2021 passed in Criminal Miscellaneous No. 2629 of 2021. Nothing has been recovered from the possession of the petitioner. Petitioner has got no criminal antecedent and is in custody since 21.10.2020.

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Considering the aforesaid facts and circumstances of the case and period of custody, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Excise Case No. 1310 of 2020 arising out of Koilwar P.S. Case No. 398 of 2020 , with following conditions:-

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(1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

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(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

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(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for

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Patna High Court CR. MISC. No.5635 of 2021(2) dt.12-04-2021 3/3

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cancellation of bail of the petitioner.

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(S. Kumar, J)

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ranjan/-

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Bhola Choudhary @ Niraj Kumar Choudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Bhola Choudhary @ Niraj Kumar Choudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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