Durga Chaudhari Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Durga Chaudhari Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted in Misc. Excise Case No. 4380 of 2023 on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each; conditions: one bailor to be own/close family member of the petitioner, and appearance on each trial date, failing which on default of two consecutive dates the Trial Court may cancel the bail bonds.

Issue for consideration

Whether the petitioner should be released on bail in connection with Misc. Excise Case No. 4380 of 2023, arising out of Supaul Excise P.S. Case No. 582 of 2023, instituted for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Court's answer

Considering the facts and circumstances of the case and the period of custody undergone by the petitioner, the Court was inclined to grant bail.

Ratio / Principle

The petitioner was directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to conditions: one bailor to be an own/close family member; appearance on each and every trial date, with liberty to the Trial Court to cancel the bail bonds on default of appearance on two consecutive dates.

Detailed headnote1 paragraphs

Bail granted. The Patna High Court (Rudra Prakash Mishra, J) allowed the bail application of Durga Chaudhari in Misc. Excise Case No. 4380 of 2023, arising out of Supaul Excise P.S. Case No. 582 of 2023, instituted for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution case alleged recovery of 745.560 liters of liquor from different vehicles and places. Defence contended false implication, that charge-sheet had been submitted, that no incriminating material was recovered from the petitioner's conscious possession, that he was neither owner nor driver of any seized vehicle, non-compliance of Section 100 of Cr.P.C., custody since 23.01.2024, and five criminal antecedents with bail in four cases; the State opposed. Considering the facts, circumstances and the period of custody, the Court released the petitioner on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, one bailor to be an own/close family member, with liberty to the Trial Court to cancel the bonds on default of appearance on two consecutive dates.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17409 of 2024

Arising Out of PS. Case No.-582 Year-2023 Thana- Excise P.S. District- Supaul

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

Durga Chaudhari S/o Ramdev Chaudhari R/o Vill - Sohagpur, Ward No. 4, P.S. - Kishanpur, District – Supaul

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shahid Aqubal, Advocate For the Opposite Party/s : Ms. Sucheta Yadav, APP ======================================================

... ... Opposite Party/s

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 11-03-2024 Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks bail in Misc. Excise Case No. 4380 of 2023, arising out of Supaul Excise P.S. Case No. 582 of 2023, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

The prosecution case, in short, is that, 745.560 liters liquor was recovered from different vehicles and places.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that petitioner is neither owner nor driver of any of the seized vehicles. The

Patna High Court CR. MISC. No.17409 of 2024(2) dt.11-03-2024 2/2

petitioner is in custody since 23.01.2024 and has got five criminal antecedents in which the petitioner is on bail in four cases. There is no compliance of Section 100 of Cr.P.C.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Misc. Excise Case No. 4380 of 2023, arising out of Supaul Excise P.S. Case No. 582 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J)