Munmun Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41599 of 2021 Arising Out of PS. Case No.-128 Year-2021 Thana- CHAPRA MUFFASIL District- Saran ====================================================== MUNMUN CHAUDHARY S/O LATE MAHADEO CHAUDHARY R/O SADHA DHALA, P.S.-CHAPRA MUFASSIL, DISTRICT-SARAN. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar, Adv.

For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Chapra (M) P.S. Case No. 128/2021, registered for the offence punishable under Sections 272/273 of the Indian Penal Code and Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 50 liters of illicit liquor from an open field situated in the village in question.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has

Patna High Court CR. MISC. No.41599 of 2021(2) dt.15-12-2021 2/3 been falsely implicated in the present case and he is languishing in custody since 20.3.2021. The learned counsel for the petitioner has further submitted that neither the illicit liquor has been recovered from the conscious possession of the petitioner nor from his house.

Per contra, the learned APP 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 petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Saran, in

Patna High Court CR. MISC. No.41599 of 2021(2) dt.15-12-2021 3/3 connection with Chapra (M) P.S. Case No. 128/2021.

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