The Patna High Court allowed a bail application filed by Pramod Chaudhary in a case under the Bihar Prohibition and Excise Act, 2016. Granting bail due to lack of evidence against conscious possession and absence of criminal antecedent.
Petitioner released on bail on furnishing bond of Rs. 20,000 with two sureties.
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.36765 of 2021
Arising Out of PS. Case No.-72 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada
======================================================
PRAMOD CHAUDHARY Son of Late Karu Choudhary Resident of VillageGovindpur Dih, P.S.- Govindpur, District- Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Deepak Kumar For the Opposite Party/s : Mr.A.L. Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 07-01-2022
Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with G. O. Case No. 72 of 2021, registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, as per the prosecution Report, is that the excise officials, on the basis of secret information, raided the house of the petitioner and recovered a total quantity of 85 litres of illicit country-made liquor kept in a drum.
Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case and from perusal of the prosecution report, it would be evident that the
Patna High Court CR. MISC. No.36765 of 2021(2) dt.07-01-2022 2/2
place, from where the illicit liquor has been recovered, has not been mentioned. He further submits that the petitioner is in custody since 19.02.2021.
Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that the petitioner has got no criminal antecedent, no illicit liquor has been recovered from the conscious possession of the petitioner, and the petitioner is in custody since 19.02.2021, I am inclined to grant regular bail to the petitioner.
This application is, accordingly, allowed.
Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cum- Special Judge, Nawada, in connection with G.O. Case No. 72 of 2021.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
1 issue framed by the court
Whether regular bail should be granted to the petitioner in a case involving possession of illicit liquor.
1 provisions across 1 enactments
PRAMOD CHAUDHARY
The State of Bihar
ANIL KUMAR SINHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
