Dhananjay Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33161 of 2020 Arising Out of PS. Case No.-247 Year-2020 Thana- MAIRWAN District- Siwan ====================================================== DHANANJAY CHAUHAN Son of Late Mohan Chauhan Resident of Village - Dhusha, P.S.- Mairwa, Distt.- Siwan.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Pandey For the Opposite Party/s :
Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-12-2020 Heard learned counsel for the parties.
This application for regular bail arises out of Mairwa P.S. Case No. 247 of 2020, disclosing offence punishable under Section 30(a) of Bihar Prohibition and Excise Act. 246 litres of wine was recovered from a Magic vehicle, which was being driven by co-accused Kamlesh Kumar, who is said to have disclosed the name of the petitioner and three others to whom the illicit liquor belong. On the basis of said disclosure made by the co-accused, the petitioner has been named in the FIR.
Learned counsel appearing on behalf of the petitioner has submitted that the petitioner has no criminal antecedent and disclosure made by the co-accused is the only basis for naming
Patna High Court CR. MISC. No.33161 of 2020(2) dt.17-12-2020 2/2 this petitioner in the FIR.
Considering the nature of accusation against the petitioner, as appearing from the FIR, this application is allowed.
Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned A.D.J.-II-cum-Special Judge, Excise, Siwan, in Mairwa P.S. Case No. 247 of 2020.
It is directed that defects in the application pointed out by the Registry must be removed within two months from today. (Chakradhari Sharan Singh, J) Rajesh/- U T