Allowed

Jitendra Chaudhary v. The State of Bihar

Patna HC3 Oct 2023CR. MISC./12906/2023

Case brief

AI extract

What is this about?

Anticipatory bail plea by a petitioner apprehending arrest under the Bihar Prohibition and Excise Act after 35 litres of country liquor was recovered from a Tempo he allegedly fled from. The court granted bail upon arrest or surrender within six weeks, with conditions including deposit of Rs.5,000 and a blood-relative bailor.

What did the court decide?

Bail granted upon arrest/surrender within six weeks; bond Rs.25,000 with two sureties, subject to CrPC s.438(2) conditions, Rs.5,000 deposit and blood-relative bailor.

Jitendra Chaudhary Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12906 of 2023

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Arising Out of PS. Case No.-379 Year-2022 Thana- GURUA District- Gaya

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

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JITENDRA CHAUDHARY Son of Banshi Chaudhary Resident of VillageSimaru, P.S.- Gurua, District- Gurua

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sudhir Kumar Sinha, Adv. For the Opposite Party/s : Mr.Shailendra Kumar, APP. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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4 03-10-2023

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Amendment Act, 2018.

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Altogether 35 litres country made liquor has been recovered from the said Tempo. Seeing the police, all the accused persons including the petitioner fled away from the spot taking the advantage of darkness.

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It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner rather 35 liters of country made liquor is said to have been recovered from a Tempo.

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Patna High Court CR. MISC. No.12906 of 2023(4) dt.03-10-2023 2/3

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Petitioner has no concern either with the seized liquor or the place of recovery or any trade of liquor. He is neither the driver nor the owner of the seized Tempo. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has been falsely implicated in this case at the instance of his enemy. He was not apprehended on the spot. He had not consumed liquor. There is nothing on record to indicate the complicity of the petitioner barring the statement of the local Chowkidar. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

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Petitioner is agreed to deposit a sum of Rs.5,000.00 (Rupees Five Thousand) in account of Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

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Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in

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Patna High Court CR. MISC. No.12906 of 2023(4) dt.03-10-2023 3/3

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connection with Gurua P.S. Case No. 379 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C,

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subject to the further conditions that

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(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

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(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

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The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in Patna High Court Legal Services Committee, Patna.

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(Anjani Kumar Sharan, J)

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divyanshi/-

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U T

Jitendra Chaudhary v. The State of Bihar

Case brief

What is this about?

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Jitendra Chaudhary v. The State of Bihar

Case brief

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