Girja Nand Chaudhary @ Grija Nand Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19082 of 2021 Arising Out of PS. Case No.-407 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== GIRJA NAND CHAUDHARY @ GRIJA NAND CHAUDHARY SON OF YOGENDRA CHAUDHARY R/O BIJULIA NEAR PAWAN PETROL PUMP, P.S.- RAMGARH CANT, DIST.- RAMGARH (JHARKHAND) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Udit Narayan Singh, Advocate.

For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-01-2022 Heard Mr. Udit Narayan Singh, learned Advocate for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Excise (Sherghati) P. S. Case No. 407 of 2018 instituted for the offences under Sections 30(a) and 56(B) of the Bihar Prohibition and Excise Act.

315 litres of country made liquor is said to have been recovered from a vehicle which is stated to be of the petitioner. This is the reason for his implication in the present case.

Mr. Udit Narayan Singh, learned counsel for the petitioner has submitted that he had given his vehicle to his driver, namely, Md. Israel for taking his wife to a hospital for

Patna High Court CR. MISC. No.19082 of 2021(2) dt.10-01-2022 2/2 her treatment, but mischievously aforesaid Md. Israel consented for transporting liquor in the vehicle in an unauthorized manner. The petitioner had no idea that his long-time employed driver would do this to him.

The petitioner does not have criminal antecedent. On these grounds, it has been urged that the offence under the Excise Act cannot at all be said to have been made out against the petitioner.

Regard being had to the facts afore-stated, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Gaya in connection with Excise (Sherghati) P. S. Case No. 407 of 2018, subject to the condition as laid down under Section 438

(2) Cr. P.C.

The application stands allowed.

(Ashutosh Kumar, J) mantreshwar/- U T