Patna High CourtCR. MISC./17432/2021bail granted

Raju Chaudhary v. The State Of Bihar

2021-08-13Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17432 of 2021 Arising Out of PS. Case No.-341 Year-2020 Thana- BAJPATTI District- Sitamarhi ====================================================== RAJU CHAUDHARY SON OF JAY KISHORE CHAUDHARY R/O VILLAGE- BAJPATTI GOAT, P.S.- BAJPATTI, DISTRICT- SITAMARHI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr. Binor Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegations in the FIR, 103.5 litres of liquor was recovered from the house of the petitioner. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his person or house. In any case the alleged place of recovery cannot be said to be under the exclusive lock and key of the petitioner who is in custody since 26.8.2020 and has no criminal antecedent. It is submitted by learned counsel for the petitioner that in the address of the petitioner the name of the village has

Patna High Court CR. MISC. No.17432 of 2021(2) dt.13-08-2021 2/2 been wrongly mentioned as "Bajpatti Goad" instead of the correct village "Bajpatti Goat".

Let the said correction be incorporated in the address of the petitioner.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner not having any criminal antecedent and having remained in custody for more than 11 months, the Court directs the petitioner to be enlarged on bail in connection with Bajpatti P.S. Case no. 341 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 Act, Sitamarhi.

(Partha Sarthy, J) Prakash/- U