Rekha Chaudhary @ Nand Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25310 of 2023 Arising Out of PS. Case No.-77 Year-2018 Thana- NAUTAN District- Siwan ====================================================== Rekha Chaudhary @ Nand Kumar Chaudhary Son Of Late Kundan Chaudhary Resident Of Village-Gambhirpur, P.S.-Nautan, District-Siwan ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr. Nand Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-05-2023

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

2. Petitioner seeks regular bail in connection with Nautan P.S. Case No. 77 of 2018 dated 01.05.2018 registered for the offences punishable under Sections 272, 273 and 308/34 of the Indian Penal Code and Sections 30(a), 38(a) and 41(1) of Bihar Prohibition and Excise Act.

3. The main submissions advanced by learned counsel for the petitioner are that the instant matter relates to the recovery of 135 litres of country made liquor and the same is stated to have been recovered from an orchard of two co-accused persons namely Khedan Sah and Ratinath Sharma with which the petitioner had no concern and he has been

Patna High Court CR. MISC. No.25310 of 2023(2) dt.15-05-2023 2/3 made accused in this case mainly on the basis of information/disclosure made by local people gathered at the place of recovery and the said information showing the identity of the petitioner is completely unbelievable and the same has no evidentiary value. Further submissions are that against the petitioner, there is criminal antecedent of one case in which he is on bail and in the present matter, he has been languishing in jail since 13.03.2023 and the seizure list was not prepared in accordance with law and the provisions of Section 100 of Cr.P.C. were not followed at the time of search and seizure and against him, the investigation has been completed and the alleged liquor was not recovered from the petitioner's physical and conscious possession.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly the facts that the alleged liquor is stated to have been recovered from an orchard of two co-accused persons named above and the petitioner was not apprehended at the place of recovery and against him, the investigation has been completed, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be

Patna High Court CR. MISC. No.25310 of 2023(2) dt.15-05-2023 3/3 enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Nautan P.S. Case No. 77 of 2018 .

(Shailendra Singh, J) annu/- U T