Patna High CourtCR. MISC./29293/2023bail granted

Chhabila Chaudhari @ Chhabila Sahni v. The State Of Bihar

2023-05-18Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29293 of 2023 Arising Out of PS. Case No.-261 Year-2022 Thana- PIPRAKOTHI District- East Champaran ====================================================== CHHABILA CHAUDHARI @ CHHABILA SAHNI, aged about 38 years, Male, S/O MAHESH CHAUDHARI R/O Village- Hathiyahi (Tikuliya), P.SPiprakothi, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh, Advocate For the Opposite Party/s :

Ms.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 18-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Piprakothi P.S. Case No. 261 of 2022 dated 20.09.2022 registered for the offence(s) punishable under Section(s) 30(a) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 10 litres of country made illicit liquor and the same is stated to have been recovered from an orchard situated in front of the petitioner's house, but the petitioner has no

Patna High Court CR. MISC. No.29293 of 2023(2) dt.18-05-2023 2/3 concern with the said place of recovery and he has been made accused merely on suspicion and the alleged liquor was not recovered from his conscious possession and the petitioner was remanded in three other cases after his arrest in the present matter and he was not arrested at the alleged place of recovery and local persons who gathered at the place of recovery disclosed the name and identity of this petitioner. Further submissions are that the petitioner has been languishing in jail since 14.02.2023 and against him, the investigation has been completed.

4. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

5. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record and also the completion of investigation against the petitioner, I deem it fit and proper to admit the petitioner to the privilege of bail.

6. Accordingly, let the petitioner named-above be enlarged on bail in connection with Piprakothi P.S. Case No. 261 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.29293 of 2023(2) dt.18-05-2023 3/3 satisfaction of the Court concerned.

(Shailendra Singh, J) Sanjay/- U T