Dara Chauhan @ Manish Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38043 of 2020 Arising Out of PS. Case No.-130 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== DARA CHAUHAN @ MANISH CHAUHAN S/o Mahendra Chauhan R/o village- Rampur Buzurg, P.S.- Bankata, District- Deoria (U.P) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-04-2021 Heard Mr. Amarendra Kumar, learned counsel for the petitioner and the learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. C-III-130 of 2020 instituted for the offences under Sections 30(a) of Bihar Prohibition and Excise Act.

Two persons are said to have been riding a motorcycle which was intercepted. One of the arrested accused persons was arrested and from whose possession eight litres of liquor was recovered. The aforesaid arrested accused person disclosed the name of the petitioner as the person who had managed to run away.

Learned counsel for the petitioner has submitted that neither is there any recovery from the

Patna High Court CR. MISC. No.38043 of 2020(2) dt.15-04-2021 2/2 petitioner nor the motorcycle from where the recovery has been made belongs to him. All set and done, the name of the petitioner has transpired in the confession of an arrested accused person.

Considering the aforestated facts and taking into account the clean antecedents of the petitioner, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, on his furnishing bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-cum-Spl. Judge (Excise), Siwan in connection with Complaint Case No. C-III-130 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T