Back
AHSANUDDIN AMANULLAH
Dukha Chaudhary @ Dukha Chaudhari – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
The matter has been heard via video conferencing.
2. Heard Mr. Manoj Kumar, learned counsel for the petitioner and Mr. Anil Prasad Singh, learned Additional Public Prosecutor (hereinafter referred to as the ‘APP’) for the State.
3. The petitioner apprehends arrest in connection with Pupri PS Case No. 68 of 2020 dated 08.03.2020, instituted under Sections 272 and 273/34 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the ‘Act’).
4. The allegation against the petitioner and others is that when police on receiving information that some persons were selling liquor near Bailghat Pupri Bazar reached the spot, on seeing the police jeep, 15-20 persons started running away and the Chowkidar took the name of 16 persons, including the petitioner, and further that when the hut of all the accused was searched, liquor was found and specifically from the petitioner’s hut, 2.10 litres of Nepali liquor was seized.
5. Learned counsel for the petitioner submitted that only on suspicion he has been named and even the so-called recovery from the hut was not correct as the said hut is on the side of the road with which the petitioner has
The specific bar of Section 76(2) of the Bihar Prohibition and Excise Act renders the petition for bail under Section 438 of the Code of Criminal Procedure, 1973 not maintainable if the recovery is f....
The recovery of contraband from a premises belonging to the accused can constitute a prima facie offence under the Bihar Prohibition and Excise Act, leading to the dismissal of a petition under Secti....
The specific mention of recovery of evidence from the accused's premises in the FIR and seizure list can influence the maintainability of a petition under Section 438 of the Code of Criminal Procedur....
The recovery of illicit liquor from the premises owned by the petitioner prima facie established an offence under the Bihar Prohibition and Excise Act, leading to the dismissal of the petition under ....
application is not maintainable in view of bar of Section 76(2) of the Act which does not permit filing of an application under Section 438 of the Code of Criminal Procedure, 1973, as prima facie off....
Alleged recovery of liquor from the petitioner's house constituted an offence under the Bihar Prohibition and Excise Act, 2016, and the bar of Section 76(2) of the Act was found to be applicable, lea....
The application for anticipatory bail may not be maintainable under Section 76(2) of the Bihar Prohibition and Excise Act, 2016, if an offence is prima facie made out due to recovery from the petitio....
Recovery of a large amount of liquor from the petitioner's field constituted an offence under the Bihar Prohibition and Excise Act, 2016, leading to the dismissal of the petitioner's petition under S....
The direct connection of the petitioner to the recovered liquor, as identified by the local Chowkidar, prima facie established an offence under the Act, leading to the dismissal of the petitioner's a....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
