Allowed

Dhaneshwar Chaudhary v. The State of Bihar

Patna HC27 Mar 2023CR. MISC./4320/2023

Case brief

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What is this about?

High Court granted anticipatory bail to petitioner apprehending arrest in a case involving liquor possession offences. Court conditioned bail on deposit of Rs.10,000, furnishing bond of Rs.25,000 with two sureties, and ensuring a close relative acts as bailor with specific affidavit conditions regarding address changes and future implications.

What did the court decide?

Petitioner released on bail on deposit of Rs.10,000, furnishing bond of Rs.25,000 with two sureties, subject to conditions regarding close relative bailor and future case implications.

Dhaneshwar Chaudhary Vs The State of Bihar — Anticipatory Bail | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4320 of 2023

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Arising Out of PS. Case No.-232 Year-2022 Thana- PIPRAKOTHI District- East Champaran

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

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DHANESHWAR CHAUDHARY S/o Rukhani Chaudhary R/o VillageHathiyahi, P.S.- Pipra kothi, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sunil Kumar No.Iii For the Opposite Party/s : Mr.Braj Kishore Pd.(App) ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 27-03-2023

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

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The petitioner apprehend his arrest in a case registered for the offences punishable under Sections 272, 273, 308 and 34 of the I.P.C. and Section 30(a), 32, 36, 41(i) of the Bihar Prohibition and Excise Act, 2018.

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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 10 liters of country made liquor is said to have recovered near the house of the petitioner. He submits that the alleged liquor has been recovered near the house of the petitioner does not belong to the petitioner. He submits that the petitioner has been implicated in this case due

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Patna High Court CR. MISC. No.4320 of 2023(2) dt.27-03-2023 2/3

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to ulterior motive. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

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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.

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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 Pipra Kothi P.S. Case No.232 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., subject to the further conditions that:

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(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

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Patna High Court CR. MISC. No.4320 of 2023(2) dt.27-03-2023 3/3

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inform the Court if there is any change in the address of the petitioner.

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(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 her 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.

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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.

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(Anjani Kumar Sharan, J)

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anand/- U T

Dhaneshwar Chaudhary v. The State of Bihar

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Dhaneshwar Chaudhary v. The State of Bihar

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