Lala Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36164 of 2022 Arising Out of PS. Case No.-61 Year-2022 Thana- NARALI KALA KHURD DistrictAurangabad ====================================================== Lala Chaudhary, Son of Late Hasan Chaudhary, Resident of village- Narari Khurd, P.S.- Narari Kala Khurd, District- aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Mukul Kumari, Advocate For the Opposite Party/s :

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 26-08-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with G.R. Case No. 424 of 2022 arising out of Narari Kala Khurd P.S. Case No. 61 of 2022 registered for the alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

As per prosecution case, the petitioner was apprehended while hiding a jute bag in bushes. On search from the bushes, total 65 litres of country made Mahua liquor was

Patna High Court CR. MISC. No.36164 of 2022(2) dt.26-08-2022 2/3 recovered.

The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from his conscious possession. It is obvious from the FIR that recovery has been made under a tree near Sone River, i.e. from an open place. The petitioner is in custody since 05.06.2022. The petitioner has got clean antecedent.

Learned APP opposes the prayer for bail.

Having regard to the submissions made hereinabove and considering the fact that the petitioner has got no criminal antecedent and further considering the period of custody of the petitioner, he is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Aurangabad, in connection with G.R. No. 424 of 2022 arising out of Narari Kala Khurd P.S. Case No. 61 of 2022, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions : (i) One of the bailors will be the deponent, who has sworn the affidavit.

(ii) The petitioner will remain present on each and

Patna High Court CR. MISC. No.36164 of 2022(2) dt.26-08-2022 3/3 every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T