Chandeshwari Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12374 of 2021 Arising Out of PS. Case No.-220 Year-2020 Thana- SAUR BAZAR District- Saharsa ====================================================== CHANDESHWARI PODDAR S/o Late Ghoghai Poddar Resident of Patel Chouk Baijnathpur, P.S.- Sourbazar, District- Saharasa ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun, Advocate For the State :

Mr. Parmeshwar Mahto, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-06-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Special Excise Case no. 209 of 2020 (arising out of Saur Bazar P.S. Case no. 220 of 2020) registered under sections 272, 273, 420, 467, 468, 471, 472 and 34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, on information having been received, a raid was conducted on the house of the petitioner and 29.250 litres of liquor was recovered from a car. It is submitted by the learned counsel for the petitioner that no incriminating article has been recovered from his person or his vehicle. He has been falsely implicated in the

Patna High Court CR. MISC. No.12374 of 2021(2) dt.16-06-2021 2/2 case because of his antecedent. He is in custody since 6.6.2020 and investigation in the case has concluded.

The application for bail is opposed by learned Additional Public Prosecutor for the State who submits that besides there being recovery from the car of the petitioner, on earlier occasion the petitioner has been accused in several cases under the Bihar Prohibition and Excise Act.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner having remained in custody for over one year, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Special Excise Case no. 209 of 2020 (arising out of Saur Bazar P.S. Case no. 220 of 2020) on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge - II - cum Special Judge Excise, Saharsa. Prakash/- (Partha Sarthy, J) U T