Luxman Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42229 of 2023 Arising Out of PS. Case No.-301 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== Luxman Chaudhary Son of Gorelal Chaudhary Resident of VillageDharamraichak, Ps- Lakhisarai, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajnish Chandra, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Lakhisarai Excise P.S. Case No. 301C2 of 2023 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

4. The accused/petitioner is named in the F.I.R. and is in custody since 24.03.2023.

5. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 15 litres of IMFL/country made liquor from the front of the house of co-accused.

Patna High Court CR. MISC. No.42229 of 2023(2) dt.24-07-2023 2/3

6. Learned counsel appearing on behalf of the petitioner submitted that if seizure list of this case be taken into consideration then certainly the alleged recovery of illicit liquor was made from the front of the house of co-accused Meena Devi. It is further submitted that seizure list witness is also appears doubtful being not supported by independent witnesses, rather by police personnels of excise department. While concluding the argument, it has been submitted that petitioner found involved in three more cases of similar nature, where he is on bail and moreover, investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

7. Learned APP opposes the prayer of bail.

8. Considering the facts and circumstances as mentioned above, and by taking note of fact as alleged recovery of illicit liquor appears to be made from the front of the house of co-accused Meena Devi not from this petitioner coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 24.03.2023, accordingly, above named petitioner is directed to be released on bail in connection with Lakhisarai Excise P.S. Case No. 301C2 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V-cum-Exclusive Special Court-2 Excise Act, Lakhisarai/concerned court, subject to

Patna High Court CR. MISC. No.42229 of 2023(2) dt.24-07-2023 3/3 the conditions as mentioned under Section 437 (3) of the Cr.P.C., with further conditions:

"(i) That accused/petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.

(ii) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents.

(iii) That one of the bailors shall be deponent of the present bail petition."

(Chandra Shekhar Jha, J) Archana/- U T