Pradeep Chauhan @ Pradeep v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16580 of 2023 Arising Out of PS. Case No.-20 Year-2023 Thana- MOHAMMADPUR District- Gopalganj ====================================================== 1.

PRADEEP CHAUHAN @ PRADEEP Son of Sri Bahadur @ Bahadur Chauhan R/V- Mujuri, P.S Paniyara, Dist- Maharajganj 2.

Shiv Ratan Chauhan @ Shiw Ratan Chauhan Son of Sri Bholahu Chauhan @ Bholahu @ Molahu Chauhan @ Molahoo R/V- Mujuri, P.S Paniyara, Dist- Maharajganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Verma For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case instituted for the offence under Sections 30(a), 48 and 41 of the Bihar Prohibition and Excise Act.

As per prosecution case, on secret information received, the police party started checking the vehicles and there has been recovery of total 703.2 liters of illegal foreign liquor from a pickup van, which was being driven by the petitioner no.1, whereas petitioner no. 2 had sit inside the vehicle. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They

Patna High Court CR. MISC. No.16580 of 2023(2) dt.29-04-2023 2/3 have committed no offence. Petitioners have apprehended on spot. The seized vehicle belongs to petitioner no. 1. He submitted that the petitioners have no concern with the seized liquor. Nothing incriminating article has been recovered from the conscious possession of the petitioners. Petitioners has got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 18.01.2023. The application for bail is opposed by learned APP for the State.

The petitioner no. 1 namely, Pradeep Chauhan @ Pradeep is directed to deposit Rs. 30,000/- (thirty thousand) in the account of concerned DLSA.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-cum-Spl. Judge Excise-1, Gopalganj in connection with Mohammadpur P.S. Case No. 20 of 2023. The bail bond of the petitioner no. 1 namely, Pradeep Chauhan @ Pradeep shall be accepted by the learned Court

Patna High Court CR. MISC. No.16580 of 2023(2) dt.29-04-2023 3/3 below on showing receipt of deposit of Rs. 30,000/- (thirty thousand) by the petitioner no. 1 in the account of concerned DLSA.

(Sunil Kumar Panwar, J) arish/- U T