Sarvesh Chaurasiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7239 of 2022 Arising Out of PS. Case No.-32 Year-2021 Thana- GOGRI District- Khagaria ====================================================== SARVESH CHAURASIYA Son of Late Uday Chaurasiya Resident of Village - Gopalpur, P.s.- Gogari, Distt.- Khagaria.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-05-2022 Heard the parties.

Petitioner seeks regular bail in connection with Gogari PS Case No. 32 / 2021, G.R. No. 236 / 2021 instituted for the offence under Section 30 (a) of the Bihar Prohibition and Excise Act 2018.

99 liters of illicit foreign liquor has allegedly been recovered from the field in which mustard oil crops were planted.

Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case by the police with oblique motive. Learned counsel next submits that the aforesaid

Patna High Court CR. MISC. No.7239 of 2022(2) dt.26-05-2022 2/3 illicit liquor has been recovered from the field in which mustard oil crops have been planted belonging to the co-accused / Rabin Yadav. Learned counsel next submits that no illicit liquor has been recovered from the conscious possession and / or premises belonging to the petitioner. Learned counsel also submits that petitioner has been implicated in this case only on the basis of suspicion and his past criminal background of involvement in similar nature of offence. Learned counsel next submits that during search and seizure procedures prescribed under Section 100 of the Cr.P.C. and the Excise Act have not been followed.

Learned counsel next submits that petitioner is in custody since 01-12-2021, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence if released on bail. Regard being to the submissions made by the parties, taking into consideration the fact that petitioner is in custody since 01-12-2021 , charge sheet has already been submitted and there is no likelihood that petitioner will abscond or tamper with the evidence, as such, I am inclined to grant regular bail to the petitioner .

Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- ( twenty

Patna High Court CR. MISC. No.7239 of 2022(2) dt.26-05-2022 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Ist (Excise), Khagaria in connection with Gogari PS Case No. 32 / 2021 , G.R .No. 236 / 2021.

(Anil Kumar Sinha, J) praful/- U t