Mithlesh Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22151 of 2021 Arising Out of PS. Case No.-209 Year-2020 Thana- HISUWA District- Nawada ====================================================== MITHLESH CHAUDHARY SON OF DAROGI CHAUDHARY RESIDENT OF VILLAGE- TUNGI CHAK, POLICE STATION- HISUA, DISTRICTNAWADA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Man Mohan Kumar, Advocate For the Opposite Party/s :
Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-06-2021 Heard learned counsel for the petitioner and learned counsel for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Hisuwa P.S. Case no. 209 of 2020 registered under section 30(a) of Bihar Prohibition and Excise Act, 2016.
As per allegation in the FIR, the petitioner had been made accused and taken into custody in connection with Hisuwa P.S. Case no. 203 of 2020. It is stated that information was received that at the same place of occurrence, once again country liquor was being manufactured by the same accused persons. On a raid being conducted, it is stated that seeing the police personnel the accused persons managed to escape. It was informed by the people nearby that the accused Sanjay Choudhary in company of the petitioner and others are into
Patna High Court CR. MISC. No.22151 of 2021(2) dt.16-06-2021 2/3 manufacture and sale of liquor. 100 kgs each of Mahua at four places, in the process of manufacturing was found and by way of sample 3 kgs was taken from each place. The rest was destroyed.
It is submitted by learned counsel for the petitioner that a typographical error has occurred in paragraph no. 3 of the petition where one another case pending against the petitioner under the Bihar Prohibition and Excise Act, 2016 has not been mentioned. A supplementary affidavit with respect to the same has been filed. It is further submitted that another supplementary affidavit has been filed stating about the death of the mother of the petitioner on 3.6.2021, the petitioner being the only son. On merits it is submitted that the petitioner has been falsely implicated in the case. From perusal of the FIR it would transpire that the name of the accused persons who escaped on seeing the police personnel has not been given.
The name of the petitioner transpired only to the effect that the persons who had gathered there disclosed that the accused Sonu Kumar, Mithlesh Chaudhary and Sanjay Choudhary are involved in manufacture and sale of liquor. The petitioner has been falsely implicated in the case because of his antecedents. He is in custody since 16.10.2020 and charge sheet has been submitted in the case.
Patna High Court CR. MISC. No.22151 of 2021(2) dt.16-06-2021 3/3 The application for bail is opposed by learned counsel for the State.
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 8 months, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Hisuwa P.S. Case no. 209 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 Sessions Judge II-cum-Special Judge, Nawada.
(Partha Sarthy, J) Prakash/- U