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Chhabila Chaudhary @ Chhabila Sahni v. The State of Bihar

Patna HC20 Jun 2023CR. MISC./37345/2023

Case brief

AI extract

What is this about?

The Patna High Court granted bail to the petitioner, who was in remand custody for offences pertaining to illegal liquor production, allowing release before the framing of charges subject to specific conditions regarding sureties and conduct during the trial.

What did the court decide?

Petitioner released on bail after framing of charge upon furnishing a bond of Rs. 10,000/- with two sureties and complying with specified conditions of conduct.

Chhabila Chaudhary @ Chhabila Sahni 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.37345 of 2023

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Arising Out of PS. Case No.-5 Year-2023 Thana- PIPRAKOTHI District- East Champaran

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

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CHHABILA CHAUDHARY @ CHHABILA SAHNI SON OF MAHESH CHAUDHARI RESIDENT OF VILLAGE- HATHIYAHI, (TIKULIYA), PSPIPRAKOTHI, DISTRICT- EAST CHAMPARAN

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... ... Petitioner/s

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Versus

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The State of Bihar BIHAR

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Singh For the Opposite Party/s : Mr.Sanjay Kumar Pandey ======================================================

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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2 20-06-2023

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

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The petitioner seeks bail in connection with Piprakothi P.S. Case No. 05 of 2023 registered for the offences punishable under Sections 272, 273, 308, 34 of the I.P.C. and Sections 30(a), 30(c), 32, 36 of Bihar Prohibition and Excise Act.

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As per prosecution case, police got secret information that petitioner along with others are preparing illicit liquor near Dhanauti river. Thereafter police reached there and 5.40 litre English wine and 5 litre country made liquor was recovered from the orchard situated in front of house of present petitioner. It is further alleged that 1200 litre Pas was recovered

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Patna High Court CR. MISC. No.37345 of 2023(2) dt.20-06-2023 2/3

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which was destroyed. It is further alleged that from orchard of present petitioner Chhabila Chaudhary @ Chhabila Sahni 5.4 litre English wine and 15 litre country made liquor was recovered. It is further alleged that 1000 litre pas was also recovered from there which was destroyed by the police team. Local people disclosed that petitioner and others fled away from the place of occurrence.

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Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and he has falsely been implicated in this case. Petitioner has been remanded in this case from Piprakothi P.S. Case No. 261 of 2022 on 31.03.2023 and since then he is in custody. Petitioner bears criminal antecedent of three cases out of which two cases are of similar nature. He further submits that petitioner is not apprehended on the spot. No incriminating article has been recovered from conscious possession of the petitioner.

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The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

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Considering the facts and circumstances of the case, period of custody, petitioner is not apprehended on the spot, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the

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Patna High Court CR. MISC. No.37345 of 2023(2) dt.20-06-2023 3/3

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petitioner above named be released on bail, after framing of charge 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 Special Excise Court No. 1, East Champaran, Motihari in connection with Piprakothi P.S. Case No. 05 of 2023, subject to following conditions:-

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(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.

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(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.

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(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.

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(Alok Kumar Pandey, J)

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shahzad/-

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U T

Chhabila Chaudhary @ Chhabila Sahni v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Chhabila Chaudhary @ Chhabila Sahni v. The State of Bihar

Case brief

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What did the court decide?

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