Kapil Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33252 of 2021 Arising Out of PS. Case No.-381 Year-2020 Thana- AKBARPUR District- Nawada ====================================================== KAPIL CHAUDHARY S/O SAUDAGAR CHAUDHARY R/O VILLAGE SANOKHARA, P.S.- AKBARPUR, DISTRICT NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Nayan For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Akbarpur P.S. Case No. 381/2020, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 200 liters of fermented mahua solution and jaggery kept in two pits near the water channel situated in the village and the name of the petitioner has transpired in the present case upon his name being disclosed by the village chaukidar.

Patna High Court CR. MISC. No.33252 of 2021(2) dt.13-12-2021 2/3 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 4.3.2021. The learned counsel for the petitioner has further submitted that the petitioner is neither the owner of the place from where the aforesaid solution has been recovered nor he has got any connection with the same.

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 fact that the place in question from where the aforesaid solution has been recovered does not belong to the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner

Patna High Court CR. MISC. No.33252 of 2021(2) dt.13-12-2021 3/3 is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additrional Sessions Judge-II cum Special Judge, Nawada in connection with Akbarpur P.S. Case No. 381 of 2020.

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