Paras Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33786 of 2020 Arising Out of PS. Case No.-430 Year-2018 Thana- DINARA District- Rohtas ====================================================== Paras Chaudhary, Son of Late Ramrup Chaudhary, Resident of Village-Koath, Police Station - Dawath, District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Singh, Advocate.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-12-2020 In view of the submission and undertaking of the learned counsel for the petitioner, at the time of hearing of this application through Video Conferencing, that he would remove the defect(s), as pointed out by the stamp reporter, within two weeks of starting of the Court proceeding in physical mode, he is permitted to remove the same accordingly.

Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner is accused in connection with Dinara P.S. Case No. 430 of 2018, registered under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 35 and 38 of the Bihar Excise Act, 2016.

The accusation is that in course of patrolling duty,

Patna High Court CR. MISC. No.33786 of 2020(2) dt.21-12-2020 2/3 one tempo without registration no. was intercepted. On query, driver of the tempo disclosed his name as Irshad Khan. On search, 528 bottles, each containing 180 ml in the volumn of 95.040 litres Indian made foreign liquor recovered from the tempo. Thereafter, Irshad Khan, driver of the tempo, further disclosed that the said tempo was taken by Dhiraj and the aforesaid liquor was loaded on the Tempo near Buxar Golamber . Thereafter, the said tempo loaded with liquor was handed over to him and the same is to be handed over to Paras Chaudhary (petitioner).

Learned counsel for the petitioner submits that petitioner was not apprehended at the spot rather his name has surfaced in the confessional statement of co-accused, Dhiraj. In fact, petitioner is accused in similar nature of seven other cases, as detailed in paragraph 3 of the petition, due to that reason, police managed to implicate the petitioner in the present case and in the present case, petitioner is in custody since 01.03.2020.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.33786 of 2020(2) dt.21-12-2020 3/3 satisfaction of the 2nd Additional Sessions Judge-cum-Special Judge Excise, Rohtas at Sadaram, in connection with Dinara P.S. Case No. 430 of 2018. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T