Laxman Chaudhry @ Lachu Chaudhary @ Lachuman Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40390 of 2024 Arising Out of PS. Case No.-12 Year-2024 Thana- SALAIYA District- Aurangabad ====================================================== Laxman Chaudhry @ Lachu Chaudhary @ Lachuman Chaudhary S/o Bitthal Chaudhary R/o village gajraj bigha P.S.-Saliya, District-Aurangabad, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rupa Kumari For the Opposite Party/s :

Ms. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-06-2024 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

2. The petitioner seeks bail in connection with Saliya P.S. Case No. 12 of 2024 registered for the offence under Section 30(c) of the Bihar Prohibition and Excise Act (Amended), 2022.

3. The petitioner is named in the F.I.R. and is in custody since 03.04.2024.

4. The allegation against the petitioner is to be engaged in illegal manufacturing of illicit liquor, where, there is a recovery of six quintals Mahua and utensils

Patna High Court CR. MISC. No.40390 of 2024(2) dt.11-06-2024 2/3 used for making wine from the place of occurrence.

5. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is falsely implicated with the present case as the recovery of the said Mahua appears to be made from different ditches of hilly areas, which is an open field which is accessible by general public, and it can be said safely that the recovery of Mahua was not made from the conscious physical possession of the petitioner. It is also pointed out that the petitioner was named in the present case only on the basis of suspicion and secret information without having any connecting evidence.

While concluding the argument, it has been submitted that the petitioner is involved in one criminal case in which he is on bail. It is further submitted that the investigation is complete, where charge-sheet has been submitted, as such, there is not chance of tempering with the evidence.

6. Learned APP, opposes the prayer of bail.

Patna High Court CR. MISC. No.40390 of 2024(2) dt.11-06-2024 3/3

7. Considering the facts and circumstances as mentioned above, as recovery of "Mahua" was made from an open place and not from the conscious physical possession of the petitioner, let the petitioner, above named, is directed to be released on bail in connection with Saliya P.S. Case No. 12 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise- 1st, Aurangabad, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Sudha/- U T