The Patna High Court granted bail to the petitioner in an excise case. No evidence was recovered from his possession; liquor was found on a motorcycle. He must deposit money and furnish a bail bond with conditions.
Petitioner released on bail for arrest or surrender within six weeks by furnishing a bond of Rs. 25,000 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.12996 of 2023
Arising Out of PS. Case No.-548 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan
======================================================
Sadhu Chaudhary @ Sadhu Chaudhari S/O Late Raghunath Chaudhary R/VShahganj, P.S.- G.B. Nagar, District- Siwan
... ... Petitioner/s
Versus
2 28-04-2023
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Tiwary For the Opposite Party/s : Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
... ... Opposite Party/s
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30 (a), 41 and 56(a) of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 15 liters of country made liquor is said to have recovered from the motorcycle. He submits that the name of the petitioner transpired in this case on the basis of disclosure of apprehended person. He submits that the petitioner has been implicated in this case due to dirty
Patna High Court CR. MISC. No.12996 of 2023(2) dt.28-04-2023 2/3
village politics. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.
Petitioner is agreed to deposit a sum of Rs.10,000/(Rupees Ten Thousand) in Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB141320, Punjab National Bank, Bar Council Branch, Patna.
Having regard to the facts and circumstances of the case and the fact that there is nothing recovered from the conscious possession of the petitioner, 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 the learned Court below where the case is pending/successor Court in connection with Excise P.S. Case No.548 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., subject to the further conditions that:
(1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to who he is related with the petitioner. He will also undertake to
Patna High Court CR. MISC. No.12996 of 2023(2) dt.28-04-2023 3/3
inform the Court if there is any change in the address of the petitioner.
(2) That the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.
The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.
(Anjani Kumar Sharan, J)
anand/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail in a case for offences under the Bihar Prohibition and Excise Act, 2016.
Whether reconsideration of the evidence is required to sustain the charge against the accused.
2 provisions across 2 enactments
Sadhu Chaudhary @ Sadhu Chaudhari
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
