Patna High CourtCR. MISC./36675/2020bail granted

Rajesh Chaudhary v. The State Of Bihar

2021-02-22Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36675 of 2020 Arising Out of PS. Case No.-347 Year-2018 Thana- KARAHGAR District- Rohtas ====================================================== RAJESH CHAUDHARY S/o Late Ram Chandra Chaudhary R/o VillageTendua, P.S.- Kargahar (Badahari) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Pandey, Adv For the Opposite Party/s :

Mr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-02-2021 Heard learned counsel for the petitioner and learned APP for the State. Learned counsel for the petitioner has filed an undertaking to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioner is in custody since 16.08.2020 in connection with Kargahar (Badahari) P.S. Case No. 347 of 2018 for the alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 175 litres of country made liquor from an abandoned rice mill. It is further submitted that the recovery of the offending goods has not been made from the conscious possession of the petitioner and he has no concern with the rice mill in question from where the offending goods have been recovered. The petitioner has already suffered more than six months in custody since 16.08.2020 and claims clean antecedents.

Patna High Court CR. MISC. No.36675 of 2020(3) dt.22-02-2021 2/2

4. Learned APP appears and has been heard.

5. Be that as it may and having regard to the period of custody already suffered since 16.08.2020, 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 Additional Sessions Judge-cum-Special Judge, Excise, Rohtas at Sasaram in connection with Kargahar (Badahari) P.S. Case No. 347 of 2018, if he is not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) Chandran/- U T