Allowed¶18

Arjun Kumar @ Arjun Sahani @ Arjun Chaudhary v. The State of Bihar

Patna HC19 Mar 2025CR. MISC./6598/2025

Case brief

AI extract

What is this about?

Regular bail allowed; illicit/countrymade liquor; recovery from open space accessible to all and sundry; Sections 272, 273, 308, 328 IPC; Section 30(a) Bihar Prohibition and Excise Act; Piprakothi PS Case No. 63 of 2024; East Champaran; village Hatiyahi Kani Tola; co-accused Satyendra Chaudhary; custody since 28.10.2024; bail bond Rs. 10,000/- with two sureties; Exclusive Special Excise Court No.-I, Motihari; CR. MISC. No. 6598 of 2025; decided 19-03-2025; Anil Kumar Sinha, J.

What did the court decide?

Release of the petitioner on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each, to the satisfaction of the learned court of Exclusive Special Excise Court No.-I, East Champaran, Motihari, in connection with Piprakothi PS case no. 63 of 2024. ¶18

Arjun Kumar @ Arjun Sahani @ Arjun Chaudhary Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner should be granted regular bail in connection with Piprakothi PS Case No. 63 of 2024, instituted for offences under Sections 272, 273, 308, 328 IPC and Section 30(a) of the Bihar Prohibition and Excise Act.

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Court's answer

Having regard to the submissions made on behalf of the parties, and taking into consideration that the illicit liquor was recovered from an open space, accessible to all and sundry, the court was inclined to grant the privilege of bail to the petitioner.

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Ratio / Principle

The bail application is allowed.

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Key takeaways

The petitioner is to be released on regular bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each.ratio¶20
The bail bonds are to be furnished to the satisfaction of the learned court of Exclusive Special Excise Court No.-I, East Champaran, Motihari, in connection with Piprakothi PS case no. 63 of 2024.ratio¶22

Detailed headnote1 paragraphs

Patna High Court (Anil Kumar Sinha, J), by oral order dated 19-03-2025 in Criminal Miscellaneous No. 6598 of 2025, allows the regular-bail application of Arjun Kumar @ Arjun Sahani @ Arjun Chaudhary in Piprakothi PS Case No. 63 of 2024 (East Champaran), instituted for offences under Sections 272, 273, 308, 328 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. Bail is granted taking into consideration that the illicit liquor was recovered from an open space, accessible to all and sundry. The petitioner, in custody since 28.10.2024, is to be released on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Exclusive Special Excise Court No.-I, East Champaran, Motihari.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6598 of 2025

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Arising Out of PS. Case No.-63 Year-2024 Thana- PIPRAKOTHI District- East Champaran

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

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Arjun Kumar @ Arjun Sahani @ Arjun Chaudhary Son of Baliram Chaudhary @ Baliram Chaudhari @ Baliram Sahani Resident of Village- Hathiyahi, P.S.Pipra Kothi, Distt.- East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Raki Alam, Advocate For the Opposite Party/s : Mr.Md. Iftekhar Mahmood, APP

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

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ORAL ORDER

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3 19-03-2025 1. Heard the learned counsel for the petitioner and the learned APP for the State.

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The petitioner seeks regular bail in connection with Piprakothi PS case no. 63 of 2024 dated 22.03.2024 instituted for the offences punishable under Sections 272, 273, 308, 328 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.

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The prosecution case, as per the First Information Report, is that upon secret information that petitioner along with co-accused was engaged in manufacturing illicit liquor,

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Patna High Court CR. MISC. No.6598 of 2025(3) dt.19-03-2025 2/3

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the informant along with police force reached at village Hatiyahi, Kani Tola. Upon seeing police party, accused persons fled away but the neighbouring people disclosed the name of the petitioner and co-accused Satyendra Chaudhary. It is alleged that 25 liters of countrymade liquor has been recovered from the place of occurrence.

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Learned counsel for the petitioner submits that the petitioner is innocent and he has been made accused on the basis of secret information and the disclosure made by the neighbouring people. Learned counsel further submits that the liquor has not been recovered from the conscious possession of the petitioner and/ or premises belonging to him. The petitioner is languishing in custody since 28.10.2024.

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Having regard to the submissions made on behalf of the parties and taking into consideration the fact that illicit liquor has been recovered from an open space, accessible to all and sundry, I am inclined to grant the privilege of bail to the petitioner.

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