Sunil Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32509 of 2021 Arising Out of PS. Case No.-638 Year-2020 Thana- SHERGHATI District- Gaya ====================================================== SUNIL CHAUDHARY Son of Vijay Chaudhary Resident of Village - Lipganj Chatti, P.S.- Sherghati, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Roy For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-12-2021 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

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

The petitioner seeks regular bail in connection with Sherghati P.S. Case No. 638 of 2020, registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act 2016.

The allegation is regarding recovery of 150

Patna High Court CR. MISC. No.32509 of 2021(2) dt.10-12-2021 2/3 liters of illicit liquor from the river bank. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 9.2.2021. The learned counsel for the petitioner has further submitted that neither the illicit liquor has been recovered from the conscious possession of the petitioner nor from his house.

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

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 as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with

Patna High Court CR. MISC. No.32509 of 2021(2) dt.10-12-2021 3/3 two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II cum Special Judge Excise, Gaya in connection with Sherghati P.S. Case No. 638/2020.

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