Dhanji Chaudhary Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Dhanji Chaudhary Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners: they are, on arrest or surrender before the learned trial court within six weeks, to be released on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge, Excise Court No.-II, Bhojpur at Ara, subject to conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioners, apprehending arrest in Piro P.S. Case No. 490/2023 for offences under Section 30(a) of the Bihar Prohibition of Excise (Amendment) Act, 2022, are entitled to anticipatory bail.

Court's answer

Considering the facts and circumstances, the clean antecedents of the petitioners, arguments of both sides and the material on record, the petitioners are to be released on anticipatory bail in the event of their arrest or surrender before the learned trial court within six weeks from the date of order.

Ratio / Principle

Release on anticipatory bail is on furnishing a bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Judge, Excise Court No.-II, Bhojpur at Ara.

Key takeaways

The anticipatory bail is subject to the conditions laid down under Section 438(2) of the Cr.P.C.ratio¶22

Detailed headnote1 paragraphs

Anticipatory bail - Section 30(a), Bihar Prohibition of Excise (Amendment) Act, 2022 - alleged recovery of 05 litres Mahua liquor from the house of petitioner no.1 and 10 litres from the house of petitioner no.2 in Piro P.S. Case No. 490/2023 (Bhojpur) - petitioners stated to have no criminal antecedent; counsel pleaded innocence, absence of conscious possession, accessibility of joint house to family members and non-compliance of Section 100 Cr.P.C. - Held: petitioners, in the event of arrest or surrender before the learned trial court within six weeks, to be released on anticipatory bail on bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the Exclusive Special Excise Judge, Excise Court No.-II, Bhojpur at Ara, subject to the conditions under Section 438(2) Cr.P.C.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29198 of 2024

Arising Out of PS. Case No.-490 Year-2023 Thana- PIRO District- Bhojpur

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

Dhanji Chaudhary SON OF LATE KUDUR CHAUDHARY Resident of village- BALUA BAGICHA TOLA WARD NO. 9, PS- PIRO, DISTBHOJPUR

Somari Devi WIFE OF SOMARU CHAUDHARY Resident of villageBALUA BAGICHA TOLA WARD NO. 9, PS- PIRO, DIST- BHOJPUR

... ... Petitioner/s

Versus

The State of Bihar BIHAR

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Shashank Shekhar For the Opposite Party/s : Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

3 20-05-2024 Heard learned counsel for the petitioners and

learned A.P.P. for the State.

The petitioners are apprehending their arrest in connection with Piro P.S. Case No. 490/2023 registered for the offences punishable under Section 30 (a) of the Bihar Prohibition of Excise (Amendment) Act, 2022.

As per prosecution case, there is alleged recovery of 05 liters Mahua liquor from the house of petitioner no.1 as well as 10 liters Mahua liquor from the house of petitioner no.2.

Learned counsel for the petitioners submits that petitioners are quite innocent and have committed no offence as

Patna High Court CR. MISC. No.29198 of 2024(3) dt.20-05-2024 2/3

alleged in the FIR and they have falsely been implicated in this case. The petitioners bear no criminal antecedent. Nothing has been recovered from the conscious possession of the petitioners. He further submits that as per FIR the alleged recovery was made from the joint house of the petitioners and the same is accessible to all the family members. There is no compliance of Section 100 Cr.P.C. He further submits that in the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioners under the provisions of Bihar Prohibition and Excise Act.

The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioners, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge, Excise Court No.-II, Bhojpur at Ara in connection

Patna High Court CR. MISC. No.29198 of 2024(3) dt.20-05-2024 3/3

with Piro P.S. Case No. 490/2023, subject to the conditions as

laid down under Section 438(2) of the Cr.P.C.

(Alok Kumar Pandey, J)

amitkumar/-

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