Vijay Chauhan v. The State Of Bihar

Patna High Court Cr.Misc. No.8921 of 2017 (2) dt.23-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8921 of 2017 Arising Out of PS.Case No. -126 Year- 2016 Thana -MAIRWA District- SIWAN ====================================================== Vijay Chauhan, S/o Basawan Chauhan @ Laxaman Chuhan, resident of Village- Nimiyatola Bargaon, P.S.- Mairwa, District- Siwan. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance:

For the Petitioner : Mr. Raj Kishore Prasad, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 23-02-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 26.10.2016 in connection with Mairwa P.S. Case No. 126 of 2016 for the alleged offences under Sections 272, 273/34 of the Indian Penal Code and Section 47, 53(B) and 53(C) of the Bihar Excise Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with the alleged recovery of 32 litres of country made liquor, kept in 160 bottles each containing 200 ml. Recovery of the offending goods from the possession of the petitioner is denied. It is submitted that the petitioner has no criminal antecedents except in Mairwa P.S. Case No. 68 of 2015, in which he has been granted bail by the learned Court below.

4. Having regard to the entirety of the facts and

Patna High Court Cr.Misc. No.8921 of 2017 (2) dt.23-02-2017 circumstances of the case as well as the period of custody since 26.10.2016 already suffered, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Mairwa P.S. Case No. 126 of 2016.

(Vikash Jain, J) Chandran/BT U T