Ashok Chaudhary @ Doman @ Doman Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22361 of 2020 Arising Out of PS. Case No.-130 Year-2020 Thana- SULTANGANJ District- Patna ====================================================== ASHOK CHAUDHARY @ DOMAN @ DOMAN CHAUDHARY S/o Late Daroga Chaudhary @ Late Doman Chaudhary Resident of Village-Sahganj Latakunj, Lodge Gali, P.S.-Sultanganj, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ganesh Sharma For the State :

Mr. Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of lifting of the lockdown in the State of Bihar. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 30(a) of the Bihar Probibition and Excise (Amendment) Act, 2018. The prosecution case, in short, is that 75 liters toddy is recovered.

It has been submitted on behalf of the petitioner that the

Patna High Court CR. MISC. No.22361 of 2020(2) dt.10-09-2020 2/2 petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge sheet/Prosecution report in this case has already been submitted. The petitioner is in custody since 19-04-2020. It is alleged that 75 liters toddy is recovered from the joint house of the petitioner. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Special Case No. 3231 of 2020 arising out of Sultanganj P.S. Case No. 130 of 2020.

(Sudhir Singh, J) A.K.V.//- U T