Patna High CourtCR. MISC./15444/2020bail granted

Brahmdeo Chaudhary v. The State Of Bihar

2020-03-04Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15444 of 2020 Arising Out of PS. Case No.-308 Year-2019 Thana- ROHTAS District- Rohtas ====================================================== BRAHMDEO CHAUDHARY Son of Late Jageshwar Chaudhary Resident of Village - Rusulpur, P.S. - Rohtas, District - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukund Mohan Jha For the Opposite Party/s :

Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-03-2020 Supplementary affidavit is filed on behalf of the petitioner. The same be kept on record.

In the light of statement made in the supplementary affidavit, counsel for the petitioner is permitted to make necessary correction in paragraph-3 of the main application in course of the day.

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

The petitioner seeks bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The prosecution case, in short, is that 65 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no

Patna High Court CR. MISC. No.15444 of 2020(2) dt.04-03-2020 2/2 allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 11-12-2019. Charge sheet/Prosecution report in this case has already been submitted. It is alleged that 65 liters wine is recovered. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Rohtas at Sasaram in connection with Rohtas P.S. Case No. 308 of 2019. (Sudhir Singh, J) A.K.V.//- U T