Vijay Kumar Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47341 of 2021 Arising Out of PS. Case No.-57 Year-2020 Thana- AMAUR District- Purnia ====================================================== VIJAY KUMAR CHOUHAN Son of Nunu Ram Chouhan Resident of village - Baghwa Kola, Ward No. 5, P.S. Amour, District - Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh, Advocate For the Opposite Party/s :

Ms.Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2022 Heard the learned counsel for the petitioner and Ms. Anita Kumari Singh, the learned APP for the State. The petitioner seeks regular bail in connection with Amour PS case no. 57 of 2020 instituted for the offences punishable under Sections 272, 273 of Indian Penal Code and 30(a) of Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 116 liters of illicit liquor from the house of the petitioner. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 24.12.2020. The learned counsel for the petitioner has further submitted that the house in question is in joint possession of the petitioner and his step-brother and the fact is

Patna High Court CR. MISC. No.47341 of 2021(2) dt.28-02-2022 2/3 that the petitioner is not living in the said house, however petitioner's name has transpired in the present case upon allegation having been made against him by his cousin brother regarding him having complicity in trading of illicit liquor, after the said cousin brother of the petitioner was arrested by the police and was interrogated. Lastly, it is submitted that the petitioner is accused in one other case but he is on bail in the said case.

Per contra, the learned A.P.P. 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 parties and taking into account the materials available on record as also considering the fact that no illicit liquor has been recovered from the conscious possession of the petitioner and moreover, the petitioner has not been arrested from the spot, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of 2nd Additional Sessions

Patna High Court CR. MISC. No.47341 of 2021(2) dt.28-02-2022 3/3 Judge-cum-Special Judge (Excise), Purnea in connection with Amour PS case no. 57 of 2020.

(Mohit Kumar Shah, J) rinkee/- U T