Allowed¶23

Saurav Kumar @ Saurav Chaudhary v. The State of Bihar

Patna HC12 Mar 2024CR. MISC./18444/2024

Case brief

AI extract

What is this about?

Bail granted; Bihar Prohibition and Excise Act Sections 30(a) and 32(3); Excise P.S. Case No. 43 of 2024; Muzaffarpur; 810 liters liquor recovered from pick-up van; petitioner apprehended on spot; charge-sheet submitted; custody since 08.01.2024; one criminal antecedent, on bail therein; Section 100 Cr.P.C. compliance raised by counsel; bail bonds Rs. 10,000 with two sureties of like amount each; Rudra Prakash Mishra, J.; 12-03-2024; CR. MISC. No.18444 of 2024; Patna High Court.

What did the court decide?

Release 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 the Court below/concerned Court, in connection with Excise P.S. Case No. 43 of 2024. ¶23

Saurav Kumar @ Saurav Chaudhary Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner should be granted bail in Excise P.S. Case No. 43 of 2024, instituted for offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

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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 to the petitioner.

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Ratio / Principle

The petitioner was ordered to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court, in connection with Excise P.S. Case No. 43 of 2024.

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Detailed headnote1 paragraphs

BAIL GRANTED (Criminal Miscellaneous No. 18444 of 2024, Patna High Court, Rudra Prakash Mishra, J., 12-03-2024): Prayer for bail in Excise P.S. Case No. 43 of 2024, District Muzaffarpur, for offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, arising from alleged recovery of 810 liters of liquor from a pick-up van with the petitioner apprehended on the spot. Counsel for the petitioner urged false implication, absence of incriminating material from his conscious possession, that he was neither owner nor driver of the vehicle but a passerby, that the charge-sheet had been filed, custody since 08.01.2024 with one criminal antecedent (on bail therein), and non-compliance with Section 100 of Cr.P.C.; the learned APP opposed the prayer. Considering the facts and circumstances of the case and the period of custody undergone, the Court granted bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court, in connection with Excise P.S. Case No. 43 of 2024.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18444 of 2024

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Arising Out of PS. Case No.-43 Year-2024 Thana- Excise P.S. District- Muzaffarpur

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

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Saurav Kumar @ Saurav Chaudhary Son of Late Anil Chaudhary Resident of Village-Kutahi, P.S.-Paroo, District-Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Priyesh Kumar, Advocate For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 12-03-2024

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner seeks bail in Excise P.S. Case No. 43 of 2024, instituted for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

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The prosecution case, in short, is that, 810 liters liquor was recovered from pick-up van and the petitioner was apprehended on spot.

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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

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Patna High Court CR. MISC. No.18444 of 2024(2) dt.12-03-2024 2/2

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recovery of liquor. It is further submitted that petitioner is neither owner nor driver of the vehicle, rather he was a passerby of that way. The petitioner is in custody since 08.01.2024 and has got one criminal antecedent in which the petitioner is on bail. There is no compliance of Section 100 of Cr.P.C.

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

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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.

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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 Excise P.S. Case No. 43 of 2024.

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(Rudra Prakash Mishra, J)

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Rajorshi/-

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U T

Saurav Kumar @ Saurav Chaudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Saurav Kumar @ Saurav Chaudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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