Ravinda Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48150 of 2021 Arising Out of PS. Case No.-113 Year-2021 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== RAVINDA CHAUHAN Son of Shiomuni Chauhan Resident of Village - Merh, P.S.- Chainpur, District - Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-01-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner, who is in custody since 14.06.2021, seeks regular bail in connection with Chainpur P.S. Case No. 113 of 2021, for the offence punishable under Sections 30(a), 37(i)(ii) of the Bihar Prohibition and Excise (Amendment) Act, 2018 and Section 25(1-b)a, 26 of the Arms Act. The prosecution case, in brief, is that altogether 10 litres of illicit liquor along with cash of Rs. 10,000/-, a motorcycle, a trolly, one gas cylinder and stove and a country made pistol were recovered from the shop and house of the petitioner. Accordingly, seizure-list was prepared in presence of

Patna High Court CR. MISC. No.48150 of 2021(2) dt.17-01-2022 2/3 two independent witnesses. The Breath Analyzer Test was also conducted on the petitioner.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. He further submits that the alleged money, which was recovered from the possession of petitioner, was earned from selling of the eggs and nothing has been recovered from the conscious possession of the petitioner. Learned A.P.P. for the State has opposed the prayer for bail.

Considering the aforementioned facts and circumstances of the case as well as considering the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 1,00,000/- (Rs. One Lakh) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Kaimur at Bhabua in connection with Chainpur P.S. Case No. 113 of 2021, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.48150 of 2021(2) dt.17-01-2022 3/3 properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T