Jawahar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29631 of 2021 Arising Out of PS. Case No.-70 Year-2019 Thana- SIRDALA District- Nawada ====================================================== Jawahar Choudhary S/O Jaglal Chaudhary @ Parmeshwar Choudhary R/O Village-Jandhaul, Police Station-Sirdalla, District-Nawada. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-12-2021 Heard.

The petitioner seeks regular bail in connection with Sirdala P.S. Case No. 70 of 2019 for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 39 liters of illicit mahua liquor from near the bank of river. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and as far as his criminal antecedent is concerned, he is on bail in all the criminal cases in which he has been made accused. It is further submitted that all the other co-accused persons have already been granted bail by co-ordinate Benches of this Court vide Annexure-3 series to the present petition. The petitioner is languishing in custody since 23.12.2020.

Patna High Court CR. MISC. No.29631 of 2021(2) dt.09-12-2021 2/2 Per contra, the learned APP appearing for the State has vehemently opposed the prayer for regular bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the parity of the case of the petitioner with that of the co-accused persons who have already been granted regular bail by coordinate Benches of this Court, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bailbonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge II-cum- Special Judge, Nawada in connection with Sirdala P.S. Case No. 70 of 2019.

(Mohit Kumar Shah, J) Tiwary/- U T