✦ Patna High Court

Champaran v. The State of Bihar

AT PATNA CRIMINAL MISCELLANEOUS No. 61741 of 2022JITENDRA KUMAR3 min read

Case at a glance

Bench
JITENDRA KUMAR

Outcome

Allowed

The application stands allowed accordingly

Provisions considered

Judgment

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR Mr. Sharda Nand Mishra Mr. Sanjay Kumar ORAL ORDER 2 16-12-2022 Heard learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in connection with Chhauradano (Mahuawa) P.S. Case No. 256 of 2022, registered for the offences punishable under Sections 30 (a), 32 and 41(i) of Bihar Prohibition and Excise (Amendment) Act, 2022. As per allegation, 70.5 litres of Nepali Kasturi liquor has been recovered from the accused persons. The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that nothing has recovered Patna High Court CR. MISC. No.61741 of 2022(2) dt.16-12-2022 from the conscious possession of the petitioner. The petitioner has been languishing in jail since

Operative part

29.07.2022. It is also stated in paragraph no. 2 of the petition that the petitioner has not moved earlier before this Court for grant of anticipatory bail or regular bail. It has further been stated in paragraph no. 3 that the petitioner has no criminal antecedent. However, the learned APP for the State vehemently opposes the prayer of the petitioner for bail. Considering the aforesaid facts and circumstances, the petitioner, above-named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Ld. Special Judge, Excise Court No.2, East Champaran, Motihari in connection with Chhauradano (Mahuawa) P.S. Case No. 256 of 2022 on the following conditions:

(i) The petitioner will make himself available for interrogation by a police officer/court as and when required. Patna High Court CR. MISC. No.61741 of 2022(2) dt.16-12-2022 (ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.

(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

(iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, the learned court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedent despite his knowledge of the same.

(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, the learned court below shall cancel the bail bond of the petitioner. The application stands allowed accordingly. Patna High Court CR. MISC. No.61741 of 2022(2) dt.16-12-2022 The learned counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections. ashishkr/- U T (Jitendra Kumar, J)

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: The application stands allowed accordingly

Which statutory provisions did this judgment involve?

Bihar Prohibition and Excise (Amendment) Act, 2022 — ss. 30(a), 32, 41(i).

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.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Patna High Court or eCourts case status (search case no. AT PATNA CRIMINAL MISCELLANEOUS No. 61741 of 2022). ← Search more judgments