Chandeshwar Chaupal @ Chandesawar Chaupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38979 of 2023 Arising Out of PS. Case No.-93 Year-2023 Thana- JAGDISHPUR District- Bhojpur ====================================================== Chandeshwar Chaupal @ Chandesawar Chaupal, Son of Late Manik Chaupal, Resident of Village- Sikariya, Ps- Madhepur, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash, Advocate For the Opposite Party/s :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Jagdishpur P.S. Case No. 93 of 2023 dated 04.03.2023 registered for the offences punishable u/ss 272, 273, 419, 420 read with Section 34 of the Indian Penal Code and u/ss 30(a)/ 32 (1) (2)/ 41(1) (2) of the Bihar Prohibition and Excise Act.

As per the prosecution case, the petitioner along with the co-accused persons was apprehended with truck from which

Patna High Court CR. MISC. No.38979 of 2023(2) dt.05-07-2023 2/3 781 litres of illicit foreign liquor was recovered. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. He has further submitted that the petitioner is neither the owner nor the driver of the said vehicle. He has no concern with the alleged recovery or the said vehicle. The petitioner is accused in six other criminal cases and he is on bail in five aforesaid cases as stated in para 3 of the bail petition. The petitioner is in custody since 04.03.2023. Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpur, Ara in connection with Jagdishpur P.S. Case No.

1. The petitioner is directed to remain physically present before the learned Court below on each and

Patna High Court CR. MISC. No.38979 of 2023(2) dt.05-07-2023 3/3 every date, failing which on two consecutive dates without reasonable cause, his bail bonds is liable to be cancelled.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T