Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 20034 (PAT)

Jawan Kumar Chaudhary @ Jawan Chaudhary @ Jawan Kumar v. The State of Bihar

CR. MISC./10319/2025 · 2025-03-24

Chandra Prakash Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10319 of 2025 Arising Out of PS. Case No.-209 Year-2023 Thana- PIPRAKOTHI District- East Champaran ====================================================== Jawan Kumar Chaudhary @ Jawan Chaudhary @ Jawan Kumar S/O Mahesh Chaudhary @ Mahesh Chaudhari Resident of village - Hathiyahi(Tikuliya), P.S.-Piprakothi, Distt.- East Champaran. ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Singh For the Opposite Party/s : Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 2 24-03-2025 Heard learned counsel for the petitioner and learned A.P.P for the State. 2. The petitioner has preferred this application for grant of regular bail in connection with Piprakothi P.S. Case No. 209/2023 dated 14.09.2023 registered for the offences under Sections 147, 148, 149, 272, 273, 341, 323, 332, 333, 353, 308, 504 and 506 of the Indian Penal Code and Sections 30(a), 32(1), 34(b), 45 and 36 of the Bihar Prohibition and Excise Act. 3. As per the prosecution case, total 40 liters of illicit country made liquor was recovered near the house of the petitioner and co-accused person which was kept in sack and 500 liters paas was also recovered from the buses and the said paas was destroyed at the place of occurrence. It is further Patna High Court CR. MISC. No.10319 of 2025(2) dt.24-03-2025 2/3 alleged that the petitioner and the co-accused persons were also abusing and assaulting the police officials. 4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The other co-accused person has already been granted bail by the Co-ordinate Bench vide order dated 08.12.2023 passed in Cr. Misc. No. 78950/2023. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The recovery is made from an open place which is accessible to anyone. The petitioner has five antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 13.12.2024. 5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. 6. 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, East Champaran at Motihari in connection with Piprakothi P.S. Case No. 209/2023, with the condition ;- (i). The petitioner is directed to remain physically Patna High Court CR. MISC. No.10319 of 2025(2) dt.24-03-2025 3/3 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. 7. The application stands allowed. atul/- (Chandra Prakash Singh, J) U T