Arun Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32625 of 2021 Arising Out of PS. Case No.-33 Year-2021 Thana- MAIRWAN District- Siwan ====================================================== ARUN CHAUHAN Son of Sheshnath Chauhan @ Sheshnath Resident of Village - Chhotka Manjha, P.S.- Mairwa, Distt.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-12-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Mairwa Police Station Case No. 33 of 2021, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation, as per the First Information Report, is that the police intercepted a motorcycle, which was being driven by the petitioner and recovered a total quantity of 34 litres of illicit liquor from the said motorcycle.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case by the police with oblique motive. He further submits that the motorcycle, from where the illicit liquor has been recovered, does not belong to

Patna High Court CR. MISC. No.32625 of 2021(2) dt.20-12-2021 2/2 the petitioner. He next submits that the petitioner is in custody since 01.02.2021 and charge sheet has been submitted against the petitioner and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence. Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that the petitioner is not the owner of the motorcycle, from where illicit liquor has been recovered, he is in custody since 01.02.2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, Arun Chauhan, 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 2nd Additional Sessions Judge -cum- Special Judge, Excise, Siwan, in connection with Mairwa Police Station Case No. 33 of 2021.

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