Indradev Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27466 of 2020 Arising Out of PS. Case No.-56 Year-2020 Thana- GURUA District- Gaya ====================================================== INDRADEV CHAUDHARI Son of Late Sukhdeo Chaudhari Resident of village- Rajan, P.S.- Gurua, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-11-2020 The present petition 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 Shri Dinesh Singh, the learned A.P.P. appearing for the State. The petitioner seeks regular bail in connection with Gurua P.S. Case No. 56 of 2020 for the offence punishable under Section 30(d) of the Bihar Prohibition and Excise Act, 2018.

The allegation is regarding recovery of 1218 Kg Mahua flower from the house of the co-accused person, upon search having been made and the petitioner is also stated to be present in the said house.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.27466 of 2020(2) dt.02-11-2020 2/2 submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 30.03.2020.

Per contra, the learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions advanced by the learned counsel for the parties and taking into account 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 petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Gaya in connection with Gurua P.S. Case No. 56 of 2020. (Mohit Kumar Shah, J) Tiwary/- U T