Raju @ Chuyali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32708 of 2020 Arising Out of PS. Case No.-239 Year-2019 Thana- BAHADURPUR District- Patna ====================================================== RAJU @ CHUYALI Son of Late Dukhan Ram Resident of Mohalla - Nand Nagar Colony, P.S.- Bahadurpur, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Pandey, Adv.

For the Opposite Party/s :

Mrs. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-12-2020 Heard Mr. Vinod Pandey, learned counsel for the petitioner and Mrs. Rina Sinha, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner seeks regular bail in connection with Bahadurpur PS Case No. 239/2019 (Special Case No. 7663/2019) registered for the offence punishable under Sections 272, 273 of the IPC and Section 30(a) of Bihar Prohibition & Excise Act, 2016.

3. The allegation, as per First Information Report, is that the police on the basis of confidential report raided the place of occurrence and recovered a total quantity of 300 litres of country made Mahua liquor near Kali Temple located at Nandnagar Colony, Bahadurpur and six accused persons upon seeing the police party managed to escape.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.32708 of 2020(2) dt.11-12-2020 2/3 petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case with an oblique motive and no illicit liquor has been recovered from his conscious possession or from the premises belonging to the petitioner. Learned counsel for the petitioner further submits that petitioner was arrested subsequently, in this case on 22.02.2020 and since then he is in custody.

5. Learned counsel next submits that similarly situated co-accused, namely, Suraj Mahto has been granted bail by the co-ordinate Bench in Cr. Misc. No. 70587/2019.

6. Having regard 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 his conscious possession or from the premises belonging to the petitioner and similarly situated co-accused has been granted bail by this Court, I am inclined to grant regular bail to the petitioner.

7. Accordingly, let the petitioner, RAJU @ CHUYALI be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna in connection with Bahadurpur PS Case No. 239/2019

Patna High Court CR. MISC. No.32708 of 2020(2) dt.11-12-2020 3/3 (Special Case No. 7663/2019).

8. It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines of social distancing.

(Anil Kumar Sinha, J) perwez U T