Chandan Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41620 of 2021 Arising Out of PS. Case No.-249 Year-2021 Thana- SURSAND District- Sitamarhi ====================================================== CHANDAN RAUT Son of Late Yamuna Raut Resident of Village- Rasalpur, P.S.- Bajpatti, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== 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 Sursand P.S. Case No. 249/2021, registered for the offence punishable under Section 414 of the Indian Penal Code and Section 30A of the Bihar Excise Amendment Act, 2016.

The allegation is regarding recovery of 72 liters of illicit liquor from a motorcycle.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing

Patna High Court CR. MISC. No.41620 of 2021(2) dt.15-12-2021 2/3 in custody since 31.5.2021. The learned counsel for the petitioner has further submitted that the motorcycle from which illicit liquor has been seized does not belong to the petitioner.

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 fact that the motorcycle from which illicit liquor has been seized does not belong to the petitioner and the petitioner is languishing in custody since 31.5.2021, 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 Additional District & Sessions Judge II-cum-Special Judge (Excise),

Patna High Court CR. MISC. No.41620 of 2021(2) dt.15-12-2021 3/3 Sitamarhi in connection with Sursand P.S. Case No. 249/2021.

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