Arjun Chaurasiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20663 of 2022 Arising Out of PS. Case No.-368 Year-2021 Thana- BHORE District- Gopalganj ====================================================== ARJUN CHAURASIYA Son of Prabhunath Chaurasiya @ Om Prakash Chaurasiya Resident of Village - Barai Baghwa, P.S.- Bhorey, Distt.- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vyas Kumar Mishra For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-05-2022 Heard the parties.

Petitioner seeks regular bail in connection with Bhorey PS Case No. 368/2021 registered for the offence punishable under Section 30(a) of Bihar Prohibition & Excise Act.

The police intercepted one motorcycle and upon seeing the police party, the persons driving the motorcycle fled away leaving the motorcycle on the road and the police recovered 140.80 litres of illicit liquor from the same. Local people disclosed the name of the petitioner.

Learned counsel for the petitioner submits that the petitioner is not the owner of the motorcycle and at the relevant point of time the motorcycle was not being driven by him. He

Patna High Court CR. MISC. No.20663 of 2022(2) dt.26-05-2022 2/2 next submits that the petitioner has falsely been implicated in the case on the basis of disclosure of his name by local people. He further submits that no illicit liquor has been recovered from the conscious possession of the petitioner and he is in custody since 19.02.2022 having no criminal antecedent. Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that no illicit liquor has been recovered from the conscious possession of the petitioner and he is in custody since 19.02.2022 having no criminal antecedent and there is no likelihood that the trial will be concluded in near future, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Court No-1, Gopalganj in connection with Bhorey PS Case No. 368/2021.

(Anil Kumar Sinha, J) perwez U T