Ram Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18729 of 2020 Arising Out of PS. Case No.-68 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== RAM KUMAR CHAUDHARY S/o Late Jogindra Choudhary Resident of Village- Pataili, Ward No. 6, P.S.- Ujiyarpur, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-05-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

The petitioner seeks regular bail in connection with Excise Case No. 68 of 2020, registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution report, in brief, is that the Excise Officials raided the house of the petitioner and recovered 23.790 litres of illicit liquor from there.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch as illicit liquor has been recovered from the open verandah in front

Patna High Court CR. MISC. No.18729 of 2020(2) dt.13-05-2020 2/2 of the house of the petitioner, which was accessible to all. He further submits that the petitioner has got no criminal antecedent and he is in custody since 21.02.2020 After having heard learned Counsel for the parties and taking into consideration the fact that illicit liquor has been recovered from the open verandah situated in front of the house of the petitioner and the petitioner is in custody since 21.02.2020, having no criminal antecedent, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cum- Special Judge (Excise), Samastipur, in connection with Excise Case No. 68 of 2020.

It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √