Raj Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43537 of 2021 Arising Out of PS. Case No.-498 Year-2021 Thana- NAWADA District- Nawada ====================================================== RAJ KUMAR CHAUDHARY Son of Late Baleshwar Chaudhary Resident of Village/ Mohalla- Chaudhary Tola, Kadirganj, Police Station- Nawada (Kadirganj), Distict- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar, Adv.

For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-01-2022 The instant case 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 the learned APP for the State, Ms. Anita Kumari Singh.

The petitioner seeks regular bail in connection with Nawada (Kadirganj) P.S. Case No. 498/2021, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.43537 of 2021(2) dt.11-01-2022 2/3 The allegation is regarding recovery of 10 liters of illicit country made liquor from the house of the petitioner.

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 in custody since 3.5.2021.

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

Patna High Court CR. MISC. No.43537 of 2021(2) dt.11-01-2022 3/3 satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Nawada in connection with Nawada (Kadirganj) P.S.Case No. 498 of 2021. (Mohit Kumar Shah, J) Ajay/- U T