Sone Lal Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12604 of 2022 Arising Out of PS. Case No.-711 Year-2021 Thana- KANTI District- Muzaffarpur ====================================================== Sone Lal Choudhary, Son of Late Yogendra Choudhary, Resident of VillageManikpur, P.S. - Kanti, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Kishore Thakur, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 18-08-2022 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, within a period of four weeks from today.

Heard Mr. Hari Kishore Thakur, learned counsel appearing on behalf of the petitioner and the learned APP for the State.

The petitioner seeks regular bail, who is in custody in connection with Kanti P.S. Case No. 711 of 2021 registered for the offences punishable under Sections 272, 273, 284, 328, 307, 302, 120(B)/34 of the Indian Penal Code and Sections 34/36/37(B) of Bihar Prohibition and Excise Act, 2016-18. The prosecution case is based on a written report alleging therein that the informant, who happens to be the SHO of Kanti police station, received an information that on account of consumption of spurious hooch, some persons have died and

2/4 others are fell ill, whose treatments are going on. On the aforesaid information, the informant verified the fact from the family members of two of the dead persons and he came to know that all the F.I.R. named accused persons are found indulged in preparation and selling of spurious toddy/liquor, and due to consumption of which four persons died and others fell seriously ill.

Learned counsel appearing on behalf of the petitioner submits that from the F.I.R. it is evident that there is no specific allegation against any of the accused persons and save and except the allegation that all the accused persons including the petitioner was indulged in selling of spurious liquor, there is no cogent material, which suggests the complicity of the petitioner. It is next submitted that on the same day, search was made, however, during the course of search no recovery whatsoever has been made from the house of the petitioner, neither any illicit toddy/liquor nor any utensils or apparatus for preparation of liquor has been recovered. It is next submitted that even during the course of investigation, no other materials have come, which suggests the complicity of the petitioner, save and except the allegation that that the petitioner was indulged in preparation of illicit liquor. It is lastly submitted that the

3/4 petitioner is in custody since 10.11.2021, having fair antecedent. On the other hand, learned APP for the State vehemently opposes the bail application and submits that on account of spurious toddy/liquor, 4-5 persons died and others have seriously felt ill and the involvement of the petitioner cannot be ruled out in selling of the spurious liquor. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that nothing has been recovered from the person or possession of the petitioner nor there is any direct allegation by any of the family members of the affected persons that on account of consumption of spurious hooch, the death occurred. This Court has also taken note that the petitioner is having clean antecedent and is in custody since 10.11.

2021 and, moreover, the investigation of the crime is completed and charge-sheet has been submitted and there is no likelihood of commencement of trial in near future, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Kanti P.S. Case No.

4/4 with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(Harish Kumar, J) uday/- U T