Single judge order granting regular bail to a petitioner charged under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of country-made mahua liquor, subject to a bond and sureties.
Petitioner directed to be enlarged on bail by furnishing a bond of Rs. 20,000 with two sureties of like amount each.
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.37026 of 2023
Arising Out of PS. Case No.-177 Year-2022 Thana- ASARGANJ District- Munger
======================================================
Mukesh Choudhary Son Of Umesh Choudhary Resident Of Village- Makwa, Ps- Aserganj, Distt- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Arvind Kumar Singh, Advocate For the Opposite Party/s : Mrs. Sharda Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 07-07-2023
Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner has preferred this application for grant of regular bail in connection with Asarganj P.S Case No. 177 of 2022 dated 13.12.2022 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
As per the prosecution case, total 26 litres of countrymade mahuwa was recovered from the bag of the petitioner.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.37026 of 2023(2) dt.07-07-2023 2/2
case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in five other criminal cases and he is on bail in four cases as stated in para 3 of the bail petition. The petitioner is in custody since 14.12.2022.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Munger in connection with Asarganj P.S Case No. 177 of 2022.
The application stands allowed.
(Chandra Prakash Singh, J)
atul/-
U T
2 issues framed by the court
Grant of regular bail to the petitioner in PS Case No. 177 of 2022 for alleged confiscation of illicit liquor.
Conditions for bail bond and sureties when petitioner is accused in multiple other cases.
2 provisions across 1 enactments
Mukesh Choudhary
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
