Shivnath Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29800 of 2023 Arising Out of PS. Case No.-51 Year-2023 Thana- JOGAPATTI District- West Champaran ====================================================== Shivnath Chaudhary Son Of Late Ratan Chaudhary Resident of Village - Sisiwa Sareya, Police Station - Bairiya, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahasweta Chatterjee, Adv.

For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 18-05-2023

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

2. Petitioner seeks regular bail in connection with Jogapatti P.S. Case No. 51 of 2023 dated 07.02.2023 registered for the offences punishable under Sections 414, 272 and 273 of the Indian Penal Code and Section 30(a) 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 40 litres of country made illicit liquor and the same is stated to have been recovered from two motorcycles and the petitioner has concern to the recovery of only 10 litres of the alleged liquor and as per the

Patna High Court CR. MISC. No.29800 of 2023(2) dt.18-05-2023 2/3 allegation, the petitioner was found with the said liquor riding on a motorcycle but in actual, he has been falsely roped in this case mainly on suspicion and on the alleged date and time of his arrest, the petitioner, who is a fisherman by profession, was going to market in respect of his job. Further submissions are that no independent witness has been examined by the police and witnesses in the case diary are police personnel and the petitioner has been languishing in jail since 08.02.2023 and against him, the investigation has been completed, though against him there are criminal antecedents of two cases out of which, in one case the police has submitted the final form and in the second case he has got bail.

4. Per Contra, the learned APP for the State has vehemently opposed the prayer for bail.

5. 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 and also the completion of investigation against the petitioner, I deem it fit and proper to admit the petitioner to the privilege of bail.

Patna High Court CR. MISC. No.29800 of 2023(2) dt.18-05-2023 3/3

6. Accordingly, let the petitioner named-above be 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 Jogapatti P.S. Case No. 51 of 2023.

(Shailendra Singh, J) annu/- U T