Bale Chauhan @ Shiv Chauhan v. The State Of Bihar
Case at a glance
Outcome
Allowed
The application stands allowed
Provisions considered
Key paragraphs
- Para 77. The application stands allowed. shivam/- U T (Chandra Prakash Singh, J)
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH Mr. Ramswarup Prasad, Adv. Mr. Ajay Kumar No. 2, APP ORAL ORDER 3 28-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner has preferred this application for grant of regular bail in connection with Noor Sarai P.S. Case No. 284 of 2021 dated 20.08.2021 registered for the offences punishable u/ss 272, 273 and 34 of the Indian Penal Code and Section 30(a)(d) of the Bihar Prohibition and Excise Amendment Act.
As per the prosecution case, total 15 litres of illicit country made liquor and some apparatus for making liquor were recovered from the field of Kishore Chauhan and 15 litres of illicit country made liquor and some apparatus for making liquor were recovered from the field of Siya Ram Yadav.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this Patna High Court CR. MISC. No.54693 of 2024(3) dt.28-08-2024 case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has seven criminal antecedents in which he is on bail in all the cases as stated in para 3 of the bail petition. The petitioner is in custody since 31.01.2024.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above- named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nalanda at Bihar Sharif in connection with Noor Sarai P.S. Case No. 284 of 2021, with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
Operative part
The application stands allowed. shivam/- U T (Chandra Prakash Singh, J)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The application stands allowed
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860; Bihar Prohibition and Excise Amendment Act — s. 30(a)(d).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.