Allowed

Paras Chauhan v. the State of Bihar

Patna HC9 Dec 2022CR. MISC./64248/2022

Case brief

AI extract

What is this about?

In a criminal miscellaneous matter, the Patna High Court considered a bail application by Paras Chauhan apprehending arrest for liquor offences. Relying on the petitioner's claim of false implication and willingness to deposit bail money, the court granted anticipatory bail subject to standard conditions.

What did the court decide?

The petitioner was granted anticipatory bail subject to depositing Rs. 20,000, furnishing bonds of Rs. 25,000 with two sureties, and complying with specified conditions under Section 438(2) Cr.P.C.

Paras Chauhan Vs the State of Bihar — Anticipatory Bail | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.64248 of 2022

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Arising Out of PS. Case No.-339 Year-2022 Thana- KATEYA District- Gopalganj

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

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PARAS CHAUHAN SON OF LATE SATAN CHAUHAN @ LATE SATAN NONIYA R/O VILLAGE- AHIRAULI, P.S.- KATEYA, DISTRICTGOPALGANJ

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar Pandey No.5 For the Opposite Party/s : Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 09-12-2022

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Heard the parties through virtual court proceedings.

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Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

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Altogether 45 liters of country made liquor has been recovered from the spot. One person was apprehended on the spot and he disclosed the name of the petitioner.

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Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case at the instance of his enemies. His name transpired in this case on the basis statement of apprehended co-accused. Petitioner has neither been apprehended on the spot nor any incriminating

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Patna High Court CR. MISC. No.64248 of 2022(2) dt.09-12-2022 2/3

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article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. He has no concern with the co-accused or from the vehicle from which the recovery has been made. Petitioner has no criminal antecedent, as also mentioned in para3 of the bail application.

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Petitioner is agreed to deposit a sum of Rs.20,000.00/(Rupees Twenty Thousand) in the Patna High Court Legal Services Committee, Patna bearing Account No.1413010060836, IFSC PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

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Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Kateya P.S. Case No.339 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, as also the following conditions.

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(1) That one of the bailors will be a close relative of

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Patna High Court CR. MISC. No.64248 of 2022(2) dt.09-12-2022 3/3

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the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

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(2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.

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The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.20,000.00/- (Rupees Twenty Thousand) in the Patna High Court Legal Services Committee.

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(Anjani Kumar Sharan, J)

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pallavi/-

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U T

Paras Chauhan v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Paras Chauhan v. the State of Bihar

Case brief

What is this about?

What did the court decide?

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