Shashi Kumar @ Shashi Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15101 of 2023 Arising Out of PS. Case No.-289 Year-2021 Thana- PIPRAKOTHI District- East Champaran ====================================================== SHASHI KUMAR @ SHASHI CHAUDHARY S/O LALAN CHAUDHARI @ LALAN SAHANI R/v- Hathiyahi, P.S.- Piprakothi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-05-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

Petitioner seeks regular bail in connection with Piprakothi P.S. Case No.289 of 2021 dated 06.12.2021 registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act.

3.

The main submissions advanced by the learned counsel for the petitioner are that in the present matter several persons including the petitioner have been made accused, only 15 litres of country-made illicit wine is stated to have been recovered from the petitioner's house along with some raw materials purportedly used in manufacturing of the

Patna High Court CR. MISC. No.15101 of 2023(2) dt.08-05-2023 2/3 illicit wine but the said recovery was not made from the conscious possession of this petitioner and in a similar manner, recoveries of the same type of materials were made from the possession of several co-accused persons, among them two namely Nawal Sahni @ Nawal Choudhary @ Nawal Chaudhary and Sunil Choudhary have been granted bail by different Benches of this Court vide orders passed in Cr. Misc. Nos.65348 of 2022 and 9159 of 2023 respectively and petitioner's case is completely identical to the said co-accused persons and moreover the alleged raw materials were not recovered from the house of this petitioner rather the same was recovered from an open field and the petitioner has concern only with the recovery of 15 litres of country-made wine which is stated to have been recovered from the petitioner's house and in the present matter the petitioner has been languishing in jail since 26.10.2022 and against him the investigation has been completed.

4.

Learned APP appearing for the State opposes the bail prayer.

5.

Considering the above submissions and mainly the privilege of bail having been granted to two coaccused persons mentioned-above, whose case appears to be

Patna High Court CR. MISC. No.15101 of 2023(2) dt.08-05-2023 3/3 identical to the present petitioner and the recovery of the alleged wine was made before two official persons and against the petitioner the investigation has been completed, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail after framing of charge on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Piprakothi P.S. Case No.289 of 2021.

(Shailendra Singh, J) sangam/- U T