Manjan Chaudhary @ Madan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28741 of 2020 Arising Out of PS. Case No.-6 Year-2020 Thana- PARASI District- Jehanabad ====================================================== MANJAN CHAUDHARY @ MADAN CHAUDHARY Son of Late Bineshwar Chaudhary @ Bileshwar Chaudhary @ Biteshwar Chaudhary Resident of Village- Rampur Waina, P.S.- Parasi, District- Arwal. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-11-2020 The present petition 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 Shri Manoj Kumar, the learned A.P.P. appearing for the State. The petitioner seeks regular bail in connection with Excise Case No. 185 of 2020 arising out of Parasi P.S. Case No. 06 of 2020 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. The allegation is regarding recovery of 80 liters of illicit liquor, articles used for manufacturing illicit liquor and 1000 kg of Jama Mahua from near the bank of the river in question.

Patna High Court CR. MISC. No.28741 of 2020(2) dt.10-11-2020 2/2 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 is languishing in custody since 16.06.2020.

Per contra, the learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions advanced by the learned counsel for the parties and taking into account the period of incarceration of the petitioner herein as also the fact that he is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 2nd cum Special Judge (Excise), Jehanabad in connection with Excise Case No. 185 of 2020 arising out of Parasi P.S. Case No. 06 of 2020.

(Mohit Kumar Shah, J) Tiwary/- U T