Partly allowed

Mohan Chaudhary v. The State of Bihar

Patna HC24 Jun 2022CR. MISC./6473/2022

Case brief

AI extract

What is this about?

Crim. Misc. No. 6473 of 2022. The High Court of Patna rejected the petitioner's bail plea under the Bihar Prohibition and Excise Act. The Court held the case unfit for bail at the investigation stage due to criminal antecedents and risk of misuse of bail privilege. The petitioner was directed to renew the prayer post-framing of charges.

What did the court decide?

Bail rejected; petitioner directed to renew prayer after framing of charges; six months to remove defects pointed out by Stamp Reporter.

Mohan Chaudhary 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.6473 of 2022

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Arising Out of PS. Case No.-162 Year-2021 Thana- SIRDALA District- Nawada

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

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Mohan Chaudhary S/O Late Bandho Chaudhary R/o village- Laund Chamotha, P.S.- Sirdala, District- Nawada

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party/s

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

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For the Petitioner/s : Mr.Birendra Kumar, Advocate. For the Opposite Party/s : Mr.Uma Shankar Prasad Singh, APP.

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

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CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

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2 24-06-2022

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The learned counsel for the petitioner is directed to

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remove all the defects pointed out by the Stamp Reporter within one month.

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Heard learned counsel for the petitioner and the learned APP for the State through video conferencing.

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Petitioner seeks regular bail in a case registered for the offences punishable under Sections 30(a)/30(d)/41 of the Bihar Prohibition and Excise Act.

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As per allegation the present petitioner was found running a wine bhatti for manufacturing illicit wine and the police raided the alleged place and recovered 1300 liters raw materials i.e. mahua mixture purported to be used in manufacturing of illicit wine and 30 liters country made wine was also recovered and at other place a wine bhatti was also

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Patna High Court CR. MISC. No.6473 of 2022(2) dt.24-06-2022 2/3

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found with1600 liters mahua mixture purported to be used for manufacturing of illicit wine.

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The main submissions advanced by learned counsel for the petitioner are that against this petitioner six criminal cases are being shown as his criminal antecedent in which he is on bail and in the present case the investigation has been completed and the charge-sheet has been submitted and petitioner has been languishing in jail since 20.11.2021 and two similar situated co-accused persons namely Shambhu Chaudhary and Kari Devi have been granted bail by this Court vide order passed in Cr. Misc. No. 59207/2021 and 42358/2021.

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Learned APP has opposed the prayer for bail.

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Heard both the sides and perused the FIR and seizure list attached to the FIR. As per the prosecution’s allegation the petitioner and other co-accused were indulged in making illicit country made wine and they were found manufacturing the said wine after installing a liquor bhatti and huge quantity of raw material purported to be used in making liquor was also recovered. There is criminal antecedent of six cases against the petitioner and all the said cases were lodged under excise Act. There is possibility of misuse of the privilege of bail if the same is granted to the petitioner. In the opinion of this Court it is not a

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Patna High Court CR. MISC. No.6473 of 2022(2) dt.24-06-2022 3/3

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fit case for grant of bail to the petitioner at this stage. Accordingly, his prayer for bail stands rejected.

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The petitioner may renew his prayer for bail after

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framing of charge in his case.

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(Shailendra Singh, J)

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siddharthkr/-

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U T

Mohan Chaudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mohan Chaudhary v. The State of Bihar

Case brief

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