Chhabila Chaudhary @ Chhabila Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43730 of 2023 Arising Out of PS. Case No.-160 Year-2022 Thana- PIPRAKOTHI District- East Champaran ====================================================== Chhabila Chaudhary @ Chhabila Sahni S/O Mahesh Chaudhari, R/O VillageHathiyahi (Tikuliya), P.S- Piprakothi, Distt.- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Singh, Advocate For the Opposite Party/s :
Mrs.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-07-2023 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.
2. Heard learned counsel for the petitioner and learned A.P.P for the State.
3. The petitioner has preferred this application for grant of regular bail in connection with Piprakothi P.S. Case No. 160 of 2022 dated 29.05.2022 registered for the offences punishable u/ss 272, 273, 353 of the Indian Penal Code and u/ss 30(c), 45 of the Bihar Prohibition and Excise Act.
4. As per the prosecution case, 1000 litres of raw liquor was recovered from the orchard. It is further alleged that the petitioner was doing illegal business of liquor in the orchard.
5. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.43730 of 2023(2) dt.27-07-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner was disclosed by local people. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner is accused in three other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 22.03.2023.
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
7. 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, East Champaran, Motihari in connection with Piprakothi P.S. Case No. 160 of 2022.
8. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T