Sri Bhagwan Yadav Jogindra Chaudhary @ Luti Chaudhary v. The State of Bihar
Case at a glance
Provisions considered
- Bihar Prohibition and Excise Act s. 30(a)
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA Mr. Gajendra Kumar Singh Mr. Rabindra Kumar ORAL ORDER 2 11-12-2024
Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Excise Police Station Siwan Case No. 598 of 2024, disclosing offences under Sections 30(a) of the Bihar Prohibition and Excise Act.
As per the prosecution case, on 02.10.2024, secret information was received that a large consignment of liquor is being unloaded by Shri Bhagwan Yadav in the bushes on the banks of Labda Pul river. Upon this information at around 12:55 pm, police party, reached the village Galimapur. On seeing the police party, one person came out of the bushes on the banks of the river and started running, who was chased by the members of the raiding team, but he managed to escape. Upon search, Patna High Court CR. MISC. No.81433 of 2024(2) dt.11-12-2024 conducted around the bushes on the river bank, total of 810.000 liters of country liquor was recovered. Thereafter, on inquiring about the person who fled, the people, who were present there, told the name of the person as Shri Bhagwan Yadav i.e., petitioner.
Learned Counsel for the petitioner submits that no liquor has been recovered from the conscious possession of the petitioner. The illicit liquor has been recovered from the bush at the bank of the river in village Galimapur which is an open space accessible to all. Petitioner has been made accused merely on the basis of suspicion and secret information.
Having regard to the submissions made on behalf of the parties and taking into consideration the fact that no illicit liquor has been recovered from the conscious possession or premises of the petitioner, illicit liquor has been recovered from an open space which is accessible to everyone, I am inclined to grant the petitioner privilege of anticipatory bail.
This application is, accordingly, allowed.
Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the Patna High Court CR. MISC. No.81433 of 2024(2) dt.11-12-2024 satisfaction of learned Exclusive Special Excise Court No. II, Siwan, in connection with Excise Police Station Siwan Case No. 598 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. HarshPandey/- U T (Anil Kumar Sinha, J)
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.