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PATNA HIGH COURT
HONOURABLE MR. ARUN KUMAR JHA, J
Shamsher Bahadur – Appellant
Versus
The State of Bihar – Respondent
| Table of Content |
|---|
| 1. petitioner seeks relief from charges. (Para 1) |
| 2. procedural rules for prosecution are detailed. (Para 10 , 11 , 12) |
| 3. insufficient evidence for alcohol consumption. (Para 13 , 14) |
| 4. criteria for quashing proceedings are established. (Para 15 , 16) |
| 5. court quashes fir and emphasizes due process. (Para 17 , 18 , 19 , 20) |
CAV JUDGMENT
Date : 12-12-2025
The present criminal writ has been filed on behalf of the petitioner seeking the following reliefs:-
i. For issuance of a declaration to the effect that the Petitioner could not be held guilty in Singheshwar P.S. Case No. 69/21, dated 25.03.2021 registered u/s 37(b) and (c) of Bihar Prohibition and Excise Act, 2016 and corresponding Excise Case No. 257/2021 in view of the fact that the police could not produce any cogent material to prove the allegations against the Petitioner and that the Petitioner having been counselled by his advocate, despite pleading his innocence, deposited the fine of Rs. 2,000/- only to end up the pending trial.
ii. For a further declaration that no social stigma of consuming alcohol could be attached to the petitioner for any practical purposes simply because he deposited the fine of Rs. 2,000/-
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