Pachu Chaudhary v. The State of Bihar
Case at a glance
- Bench
- ANJANI KUMAR SHARAN
Outcome
Bail refused
anticipatory bail is rejected in connection with Obra P
Provisions considered
- Bihar Prohibition and Excise Act s. 30(a)
- Code of Criminal Procedure, 1973 s. 100
Key paragraphs
- Para 55. Considering the facts and circumstances of the case and the fact that the petitioner is the member of syndicate who manufacturing the illegal liquor, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection…
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER Mr.Ashok Kumar Singh Mr.Sangeeta Sharma 2 06-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable Section 30 (a) of the Bihar Prohibition and Excise Act.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 50 liters of country made liquor is said to have been recovered from the place of occurrence. Petitioner has no concern either with the seized liquor or the place of recovery or any trade of liquor. There is violation of Section 100 Cr.P.C. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Patna High Court CR. MISC. No.60145 of 2023(2) dt.06-10-2023
However, learned APP for the State opposing the prayer for bail submits that the police has also recovered 1000 litres of raw-material from the place of occurrence.
Operative part
Considering the facts and circumstances of the case and the fact that the petitioner is the member of syndicate who manufacturing the illegal liquor, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Obra P.S. Case No. 265 of 2023. devendra/- U T (Anjani Kumar Sharan, J)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: anticipatory bail is rejected in connection with Obra P
Which statutory provisions did this judgment involve?
Bihar Prohibition and Excise Act — s. 30(a); Code of Criminal Procedure, 1973 — s. 100.
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.