Nepali Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39411 of 2021 Arising Out of PS. Case No.-198 Year-2021 Thana- AKBARPUR District- Nawada ====================================================== NEPALI CHAUDHARI S/o Darogi Chaudhari R/o Village- Akbarpur, Jhalaupar, P.S.- Akbarpur, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Arjun Prasad, Adv.

Mr. Pramod Kumar Verma, Adv.

For the Opposite Party/s :

Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-01-2022 Heard Mr Arjun Prasad, learned counsel for the petitioner and Mr. Kanhaiya Kishore, Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Akbarpur PS Case No. 198/2021 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act 2016.

As per First Information Report, total quantity of 15 litres of Mahua wine has, allegedly, been recovered from the open compound of the house of the petitioner. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and no illicit liquor has been recovered from the conscious possession of the petitioner and the same has, allegedly, been recovered from the

Patna High Court CR. MISC. No.39411 of 2021(2) dt.22-01-2022 2/2 compound situated in front of the house of the petitioner which is an open space accessible to all and sundry. He further submits that petitioner is in custody since 03.04.2021, charge-sheet has been submitted in the matter. Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that no illicit liquor has been recovered from the conscious possession of the petitioner or from inside the house of the petitioner, petitioner is in custody since 03.04.2021, charge-sheet has been submitted in the matter and trial is not likely to be concluded in near future due to pandemic, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, NEPALI CHAUDHARI be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Nawada in connection with Akbarpur PS Case No. 198 of 2021.

(Anil Kumar Sinha, J) perwez U T