Dismissed

Ram Kishun Cahudhary v. The State of Bihar

Patna HC1 Nov 2023CR. MISC./68955/2023

Case brief

AI extract

What is this about?

The Patna High Court rejected an anticipatory bail application filed by the petitioner in a case alleging possession of illicit liquor under the Bihar Prohibition and Excise Act. The court held the application non-maintainable relying on a Full Bench judgment, noting discrepancies in the theft narrative while the contraband was recovered from the petitioner's vehicle.

What did the court decide?

The anticipatory bail application was rejected and dismissed.

Ram Kishun Cahudhary Vs The State of Bihar — Cheque Dishonour | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.68955 of 2023

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Arising Out of PS. Case No.-181 Year-2023 Thana- KUTUMBA District- Aurangabad

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

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RAM KISHUN CAHUDHARY S/O LATE NANHU CHAUDHARY VILLAGE- PATHRA TOLA, PIPARDIH, PS. HUSSAINABAD, DIST. PALAMU (JHARKHAND)

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Birendra Kumar Singh For the Opposite Party/s : Mr. Narsingh Tanti

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... ... Opposite Party/s

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

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

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ORAL ORDER

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2 01-11-2023

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Heard learned Counsel for the petitioner and

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learned Additional Public Prosecutor for the State.

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This application, for grant of anticipatory bail,

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arises out of Kutumb Police Station Case No. 181 of 2023, disclosing offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 (hereinafter referred to as ‘the Act’).

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As per the First Information Report, 65 liters of illicit liquor has been recovered from the motorcycle of the petitioner.

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Learned Counsel for the petitioner submits that the motorcycle, in question, from where the liquor has been recovered, actually belongs to the petitioner but the same was stolen and a sanha, in this regard, was lodged by the petitioner on 21.07.2023 stating therein that the motorcycle of the petitioner was stolen from the door of his house on 19.07.2023.

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Patna High Court CR. MISC. No.68955 of 2023(2) dt.01-11-2023 2/2

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He further submits that an FIR has also been lodged by the petitioner vide Annexure 3.

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Heard learned counsel for the parties. From perusal of the First Information Report lodged by the petitioner, regarding the theft of his motorcycle, it appears that the same is dated 09.08.2023 as would be evident from the Column 3 of the formal FIR as well as the written report submitted by the petitioner at Page 22, there is no mention in the FIR regarding the sanha having been lodged by the petitioner on 21.07.2023. The date of occurrence is 28.07.2023.

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Taking into consideration the fact that the motorcycle, in question, belongs to the petitioner from where the illicit liquor has been recovered and in view of the full Bench judgment in CR. APP. (SJ) No. 431 of 2019 (Ram Vinay Yadav V. The State of Bihar) judgment, the present anticipatory bail application is not maintainable.

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This application is, accordingly, rejected.

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(Anil Kumar Sinha, J)

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HarshPandey/- U T

Ram Kishun Cahudhary v. The State of Bihar

Case brief

What is this about?

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Ram Kishun Cahudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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