Allowed

Lalan Chaupal v. the State of Bihar

Patna HC22 Jul 2022CR. MISC./17804/2022

Case brief

AI extract

What is this about?

In this bail petition under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, the Patna High Court granted bail, directing removal of defects within four weeks and imposing conditions including cooperation in trial and verification of antecedents.

What did the court decide?

Bail granted on bond of Rs. 10,000 with two sureties of similar amount; defects to be removed within four weeks.

Lalan Chaupal Vs the State of Bihar — Narcotics (NDPS) | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17804 of 2022

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Arising Out of PS. Case No.-241 Year-2021 Thana- BAHERA District- Darbhanga

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Lalan Chaupal son of uttam chaupal resident of village - ram nagar rajdhani tola, p.s.- Bahera, District- Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Nawal Kishor Prasad For the Opposite Party/s : Mr. Gauri Shankar Gupta

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

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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2 22-07-2022

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Heard learned counsel for the petitioner and learned

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Additional Public Prosecutor for the State through video conferencing.

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Let the defects, as pointed out by the office, be removed within a period of four weeks from today.

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Petitioner seeks bail in a case registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

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Recovery is of total 4340.16 liters of Royal son Gold Whisky from the Truck and Pick-up van.

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Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that nothing has been recvoered from the conscious possession of the

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Patna High Court CR. MISC. No.17804 of 2022(2) dt.22-07-2022 2/3

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petitioner rather the recovery has been made from one Truck and Pick-up van in question. He further submits that in fact the petitioner is the driver of the said vehicle and he has no concern with the alleged recovery. He further submits that the police after investigation submitted the charge sheet against the petitioner and he is in custody since 28.10.2021.

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The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

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Considering the aforesaid facts and circumstances, let the petitioner, above named, be released 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 Court below where the case is pending in connection with Bahera P.S. Case No. 241 of 2021, subject to the following conditions:-

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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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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If the petitioner tampers with the evidence or the witnesses, in that case, the

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Patna High Court CR. MISC. No.17804 of 2022(2) dt.22-07-2022 3/3

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prosecution will be at liberty to move for cancellation of bail.

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And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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(Rajesh Kumar Verma, J)

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mdrashid/-

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U T

Lalan Chaupal v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Lalan Chaupal v. the State of Bihar

Case brief

What is this about?

What did the court decide?

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