Allowed

Chuman Bhagat @ Chuman Chaurisia v. The State of Bihar

Patna HC2 Dec 2023CR. MISC./62409/2023

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to petitioners facing charges under the Bihar Prohibition and Excise Act regarding country liquor recovery. The court allowed bail subject to security deposit, surety conditions, and a promise not to commit similar offences.

What did the court decide?

The petitioners were released on bail upon furnishing a bond of Rs. 25,000 each with two sureties, subject to advance security deposit and other conditions.

Chuman Bhagat @ Chuman Chaurisia Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62409 of 2023

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Arising Out of PS. Case No.-558 Year-2023 Thana- GOPALGANJ TOWN District-

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Gopalganj

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

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Chuman Bhagat @ Chuman Chaurisia S/O Suresh Bhagat @ Suresh Chaurasia @ Suresh Prasad Chaurisia R/O Village- Sareya Ward No. 1, Ps. Gopalganj, Dist. Gopalganj

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

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with CRIMINAL MISCELLANEOUS No. 62885 of 2023

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Arising Out of PS. Case No.-558 Year-2023 Thana- GOPALGANJ TOWN DistrictGopalganj

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

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Suresh Bhagat@Suresh Prasad Chaurasia@ Suresh Cahurasia Son Of Late Fulena Bhagat Resident Of Village- Sareya Ward No. 1, Ps- Gopalganj, Distt- Gopalganj

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Guddu Bhagat@ Guddu Chaurasia Son Of Suresh Bhagat @ Suresh Prasad Cahurasia Suresh Chaurasia Resident Of Village- Sareya Ward No. 1, PsGopalganj, Distt- Gopalganj

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 62409 of 2023) For the Petitioner/s : Mr.Pritish Ranjan For the Opposite Party/s : Mr.Dr. Kumar Uday Pratap (In CRIMINAL MISCELLANEOUS No. 62885 of 2023) For the Petitioner/s : Mr.Pritish Ranjan For the Opposite Party/s : Mr.Dr. Kumar Uday Pratap ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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3 02-12-2023 Heard learned counsel for the petitioners and

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learned A.P.P. for the State.

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The petitioners apprehend their arrest in a case

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registered for the offences punishable under Sections 30 (a) and

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41(i) of the Bihar Prohibition and Excise Act.

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Patna High Court CR. MISC. No.62409 of 2023(3) dt.02-12-2023 2/3

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Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that no incriminating article has been recovered from the conscious physical possession of the petitioners rather 151 liters of country made liquor is said to have been recovered from the car. He submits that the locak chowkidar disclosed the name of the petitioners. He submits that the petitioners are not the owner of the seized vehicle. He submits that the seized vehicle belongs to one Shahil Kumar Chaurasia. He submits that the petitioner of Cr. Misc. No. 62409 of 2023 has one criminal antecedent and petitioners of Cr. Misc. No. 62885 of 2023 have two criminal antecedents as mentioned in para-3 of this application and the supplementary affidavit filed on behalf of the petitioners.

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Petitioner of Cr. Misc. No. 62409 of 2023 is agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) and petitioners of Cr. Misc. No. 62885 of 2023 are agreed to deposit a sum of Rs. 20,000/- (Rupees Twenty Thousand) each in the account of 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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Patna High Court CR. MISC. No.62409 of 2023(3) dt.02-12-2023 3/3

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Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Gopalganj Town P.S. Case No. 558 of 2023, 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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(i) One of the bailors will be their own blood relative, preferably, father, mother, brother, sister and/or their wife.

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(ii) The petitioners shall not indulge themselves in any similar offence till conclusion of the trial.

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The bail bond of the petitioners 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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devendra/- U T

Chuman Bhagat @ Chuman Chaurisia v. The State of Bihar

Case brief

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Chuman Bhagat @ Chuman Chaurisia v. The State of Bihar

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