Allowed

Manoj Chaudhary v. The State of Bihar

Patna HC16 Feb 2024CR. MISC./6352/2024

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to two petitioners facing charges under the Bihar Prohibition and Excise Amendment Act. The court considered submissions regarding lack of recovery from conscious possession and joint family property status, directing release on bail bonds subject to conditions.

What did the court decide?

Anticipatory bail granted with conditions to surrender within six weeks and furnish bail bonds of Rs. 5000/- each with two sureties.

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

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6352 of 2024

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Arising Out of PS. Case No.-287 Year-2023 Thana- SILAO District- Nalanda

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

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1. Manoj Chaudhary Son of Late Vishnu Chaudhary R/o vill and P.S. - Silao, Distt. - Nalanda

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Ashok Chaudhary Son of Late Vishnu Chaudhary R/o vill and P.S. - Silao, Distt. - Nalanda

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Raj Kishor Prasad For the Opposite Party/s : Mr. Ahmad Ali ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 16-02-2024 1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

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The petitioners apprehend their arrest in connection with Silao P.S. Case No.287/2023 dated 16.10.2023, registered for the offence punishable under Sections 30(a) of Bihar Prohibition and Excise Amendment Act, 2018.

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Learned counsel for the petitioners submits that petitioner no.1 is a person with clean antecedent and petitioner no.2 has antecedent of one case. An allegation is of recovery of 70 litres of liquor out of which 20 litres of liquor is said to have been recovered from the house of petitioner no.1 Manoj Chaudhary, 20 litres from the house of petitioner no.2 and 30

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Patna High Court CR. MISC. No.6352 of 2024(2) dt.16-02-2024 2/3

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litres from Sabita Devi. It is next submitted that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession. It is also submitted that the house is a joint family property as such it cannot be alleged with certainty that it were the petitioners who had kept the liquor in the house or the liquor kept in the house was within their knowledge. It is next submitted that the petitioners came to be implicated at the instance of the chowkidar. It is thus submitted that it absolutely does not stand to reason that if chowkidar was aware that liquor was kept in the house why he did not inform the police earlier, which amply demonstrates that after the recovery was made, the chowkidar for some ulterior reasons implicated the petitioners.

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

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Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5000/- (Rupees Five thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions

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Patna High Court CR. MISC. No.6352 of 2024(2) dt.16-02-2024 3/3

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Judge-IV-cum-Special Judge, Excise-II, Nalanda at Biharsharif, in connection with Silao P.S. Case No.287/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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(Satyavrat Verma, J)

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amit/- U T

Manoj Chaudhary v. The State of Bihar

Case brief

What is this about?

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Manoj Chaudhary v. The State of Bihar

Case brief

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