Patna HC permitted bail to Surendra Choudhary, accused of violating Bihar Prohibition & Excise Act, pending trial in a case involving possession of illicit liquor.
The petitioner was released on bail on furnishing an amount of Rs. 10,000 with two sureties to the Special Judge, Exclusive Special Excise Court-II, Sitamarhi.
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.18315 of 2023
Arising Out of PS. Case No.-10 Year-2023 Thana- SITAMARHI District- Sitamarhi
======================================================
Surendra Choudhary S/O- Late Binda Choudhary Village- Gaushala Chowk Ps Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Jha For the Opposite Party/s : Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 12-05-2023 Heard learned counsel for the petitioner and
learned APP for the State.
The petitioner is languishing in custody in a
case registered for the offences punishable under
Sections 30(a) of the Bihar Prohibition & Excise Act.
There is recovery of 77.10 litres of illicit
country made liquor from the hut of the petitioner.
It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely
been implicated in this case. Nothing has been recovered
from the conscious possession of the petitioner. The petitioner has no concern either with the place of seizure
Patna High Court CR. MISC. No.18315 of 2023(2) dt.12-05-2023 2/2
or the illicit liquor. The petitioner is languishing in custody since 04.01.2023. A statement has been made
in para 3 of the petition that petitioner has no criminal antecedent.
Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge, Exclusive Special Excise Court-II, Sitamarhi in connection with Sitamarhi P.S. Case No. 10 of 2023.
(Sunil Kumar Panwar, J)
Shageer/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a case of illegal liquor manufacturing after recovering of illicit liquor from his hut.
1 provisions across 1 enactments
Surendra Choudhary
State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
