Allowed¶21

Sipak Kumar Chaudhary @ Siphak Kr. Chaudhary v. The State of Bihar

Patna HC18 Jan 2025CR. MISC./592/2025

Case brief

AI extract

What is this about?

Bail granted; illicit liquor 581.400 litres recovered from car; Udwantnagar (Gajrajganj O.P.) P.S. Case No. 534 of 2024; District Bhojpur; Section 30(a) Bihar Prohibition and Excise Act; Sections 317(5)/3(5) B.N.S. 2023; Section 103 B.N.S.S. non-compliance argued; petitioners neither owner nor driver; no criminal antecedent; custody since 05.12.2024; bail bonds Rs. 10,000 each with two sureties; Rudra Prakash Mishra, J.; Patna High Court; 18-01-2025.

What did the court decide?

Petitioners released on bail in connection with Udwantnagar (Gajrajganj O.P.) P.S. Case No. 534 of 2024 on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Court below/concerned Court. ¶21

Sipak Kumar Chaudhary @ Siphak Kr. Chaudhary Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.592 of 2025

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Arising Out of PS. Case No.-534 Year-2024 Thana- UDWANTNAGAR District- Bhojpur

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

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Sipak Kumar Chaudhary @ Siphak Kr. Chaudhary S/o- Sanjay Chaudhary Village- Nauranga PS-Bairea Distt- Balia UP

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Manoj Thakur S/o- Late Jitan Thakur Village- Nauranga PS-Bairea DisttBalia UP

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Hemant Kumar, Adv. For the Opposite Party/s : Mr.Braj Kishore Pd.(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 18-01-2025 Heard learned counsel for the petitioners and learned APP for the State.

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The petitioners seeks bail in connection with Udwantnagar (Gajrajganj O.P.) P.S. Case No. 534 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 317(5)/3(5) of the B.N.S., 2023.

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As per prosecution case, the police has recovered total 581.400 liters of illicit liquor from the car. The petitioners were arrested on the spot.

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Learned counsel for the petitioners submits that the petitioners are innocent and have

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Patna High Court CR. MISC. No.592 of 2025(2) dt.18-01-2025 2/3

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committed no offence as alleged against them and have falsely been implicated in the present case merely on the basis of suspicion. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners are neither owner nor driver of the alleged vehicle. The petitioners have never indulged in selling or distributing the illicit liquor. The petitioners have no concern with the seized liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioners have no criminal antecedent and are languishing in judicial custody since 05.12.2024 without any rhymes or reason.

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On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

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Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioners

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Patna High Court CR. MISC. No.592 of 2025(2) dt.18-01-2025 3/3

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and the petitioners having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Udwantnagar (Gajrajganj O.P.) P.S. Case No. 534 of 2024.

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(Rudra Prakash Mishra, J)

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rishi/-

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U T

Sipak Kumar Chaudhary @ Siphak Kr. Chaudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sipak Kumar Chaudhary @ Siphak Kr. Chaudhary v. The State of Bihar

Case brief

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What did the court decide?

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