Rajesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39045 of 2021 Arising Out of PS. Case No.-84 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== RAJESH CHAUDHARY Son of Ram Swarup Chaudhary Resident of Singhaul Ward No. 2, P.S.- Mufassil (Singhaul O.P.), District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Adv.

For the Opposite Party/s :

Md.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-01-2022 The instant case 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 Md. Syed Ehteshamuddin, the learned APP for the State. The petitioner seeks regular bail in connection with Excise case no. 84C2 of 2021 instituted for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 14.5 liters of illicit liquor from a shop stated to be that of the petitioner.

Patna High Court CR. MISC. No.39045 of 2021(2) dt.27-01-2022 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 14.03.2021. The learned counsel for the petitioner, by referring to paragraph no. 7 of the present petition, has further submitted that he has no concern with the shop in question and has been falsely implicated in the present case merely on account of the fact that he is an accused in two other cases of similar nature.

Per contra, the learned A.P.P. 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 parties and taking into account the materials available on record as also considering the fact that the shop from where the illicit liquor is recovered, does not belong to the petitioner and the petitioner is languishing in custody since a long time, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.39045 of 2021(2) dt.27-01-2022 3/3 the satisfaction of learned court of Special Judge, Excise, Begusarai in connection with Excise case no. 84C2 of 2021. (Mohit Kumar Shah, J) rinkee/- U T