Patna High CourtCR. MISC./2514/2022bail granted

Chhotu Chaudhary @ Sitaram Chaudhary v. The State Of Bihar

2022-06-07Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2514 of 2022 Arising Out of PS. Case No.-338 Year-2021 Thana- SIRDALA District- Nawada ====================================================== CHHOTU CHAUDHARY @ SITARAM CHAUDHARY S/o Late Mahavir Chaudhary Resident of Village - Biju Bigha, P.S. - Sirdala, District - Nawada. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Krishna Deo Raj, Adv.

For the Opposite Party/s :

Mr.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-06-2022 Heard counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sirdala (Meskaur) P.S. Case No. 338 of 2021 lodged under Section 30(a) of Bihar Prohibition and Excise Act, 2016. It appears from the F.I.R. that recovery of total 25 liters of excise material has been made relating to this case. Learned counsel for the petitioner submits that charge sheet has already been filed in this case and petitioner is in custody since 28.07.2021. He also submits that the recovery has not been made from the conscious possession of the petitioner and there is a gross violation of Section 100 of the Cr.P.C. in preparation of the seizure list.

Learned A.P.P. has opposed the prayer for bail.

Patna High Court CR. MISC. No.2514 of 2022(2) dt.07-06-2022 2/2 Considering the facts of the case and after perusal of the records as well as this aspect that charge sheet has already been submitted and petitioner is in custody since 28.07.2021, let the petitioner above named, be granted bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Judge, Excise, Nawada in connection with Sirdala (Meskaur) P.S. Case No. 338 of 2021.

(Dr. Anshuman, J) ravishankar/- U T