Rohit Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37064 of 2021 Arising Out of PS. Case No.-40 Year-2021 Thana- BARUN District- Aurangabad ====================================================== ROHIT CHAUHAN Son of Late Madho Chauhan @ Late Madho Nonia Resident of Village - Jani Bigha, P.s.- Nabinagar, Dist.- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramendra Kumar Singh,Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with G.R. No. 241 of 2021 arising out of Barun P.S. Case No. 40 of 2021 for the offence registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 The allegation is regarding recovery of 870 litres of illicit liquor from a Tata Sumo vehicle and the petitioner is alleged to be travelling on a motorcycle and is further alleged to be safeguarding the said vehicle form which the illicit liquor was seized.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 24.02.2021. The learned counsel for the

Patna High Court CR. MISC. No.37064 of 2021(2) dt.14-12-2021 2/2 petitioner has further submitted that neither any illicit liquor has been recovered from the conscious possession of the petitioner nor from his motorcycle and he has been falsely implicated in the present case.

Per contra, the learned counsel 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 period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to 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 Additional Sessions Judge-II-cumSpecial Judge (Excise), Aurangabad in connection with Barun P.S. Case No. 40 of 2021.

(Mohit Kumar Shah, J) S.Sb/- U T