In a bail petition, the Patna High Court released the petitioner on bail in a liquor smuggling case following no criminal antecedents and lack of fear of tampering with evidence under specific conditions.
Petitioner released on bail of Rs. 10,000 with two sureties of the like amount.
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.26266 of 2023
Arising Out of PS. Case No.-117 Year-2022 Thana- BACHHWARA District- Begusarai
======================================================
JHUNNA CHOUDHARY@JHUNNU KUMAR CHOUDHARY SON OF PRITHVI CHAUDHARY RESIDENT OF VILLAGE- MARANCHI KHURD, PS.BACHHWARA, DISTT- BEGUSARAI
... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pushpendra Kumar Singh Mrs. Divya Bharti For the Opposite Party/s : Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 15-05-2023
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
The petitioner seeks bail in connection with
Bachhwara P.S. Case No. 117 of 2022 registered for the offences punishable under Sections 188, 120(B) of the IPC and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act ,2018.
As per prosecution case, there is alleged recovery of 445.320 litre foreign liquor from the maize farm of the petitioner.
Learned counsel for the petitioner submits that petitioner is in custody since 20.02.2023 and bears no criminal antecedent. He further submits that petitioner is not
Patna High Court CR. MISC. No.26266 of 2023(2) dt.15-05-2023 2/3
apprehended on spot. He further submits that petitioner has no concern with the alleged recovered liquor. He further submits that petitioner is quiet innocent and has falsely been implicated in the case.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of the petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Judge-I, Begusarai in connection with Bachhwara P.S. Case No. 117 of 2022 subject to following conditions:-
(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.
Patna High Court CR. MISC. No.26266 of 2023(2) dt.15-05-2023 3/3
(iii) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(Alok Kumar Pandey, J)
vashudha/-
U T
1 issue framed by the court
Whether the petitioner eligible for bail in connection with offences under Sections 188, 120(B) IPC and Section 30(a) Bihar Prohibition and Excise Act.
Jhuna Choudhary @ Jhunnu Kumar Choudhary
The State of Bihar
Alokom Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
