Patna High CourtCR. MISC./18936/2020bail granted

Madan Chaudhary v. The State Of Bihar

2020-05-14Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18936 of 2020 ========================================================= Madan Chaudhary, aged about 30 years, male son of Haricharan Chaudhary, resident of village Chandpur P.S.: Raushanganj District-Gaya ................

Petitioner

Versus

The State of Bihar ................. Opposite party ========================================================= Appearance For the Petitioner : Mr.Vinod Kumar, Advocate For the State : Mr. Ajay Kumar Jha, APP ========================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14.05.2020 Heard learned counsel for the petitioner and learned A.P.P for the State, through video conferencing.

The petitioner who is in custody since 1.12.2019 has filed the instant application for grant of bail in connection with Raushanganj P.S. Case no. 211 of 2019 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per allegation in the F.I.R., on secret information having been received, a raid was conducted and 25 litres of Mahua liquor is stated to have been recovered from the house of the petitioner and he was taken into custody. It is submitted by learned counsel for the petitioner that the allegation of recovery is false and concocted. The house from which the recovery is alleged, is a joint family property and not exclusive house of the petitioner. The petitioner is in custody since 1.12.2019 and investigation in the case has

already concluded.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner, his being in custody since 1.12.2019 and investigation in the case having concluded, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Raushanganj P.S. Case no. 211 of 2019 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Gaya.

(Partha Sarthy, J) Bibhash U T