Patna High CourtCR. MISC./50603/2021bail granted

Shashi Kumar @ Shashi Kumar Chaudhary v. The State Of Bihar

2021-12-17Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50603 of 2021 Arising Out of PS. Case No.-591 Year-2020 Thana- KANTI District- Muzaffarpur ====================================================== Shashi Kumar @ Shashi Kumar Chaudhary S/O Sri Satrudhan Chaudhary R/O Village-Sadatpur, P.S-Kanti, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-12-2021 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of Covid 19 pandemic, requiring social distancing.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Kanti P.S. Case No. 591/2020 instituted for the offence under Section 30 (a) of Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that the petitioner is in custody since 01.07.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that allegation is of recovery of 220.74 liters of liquor from the heap

Patna High Court CR. MISC. No.50603 of 2021(2) dt.17-12-2021 2/2 of sand outside the house of the petitioner.

Learned counsel for the petitioner further submits that since the recovery was made outside the house of the petitioner as such, only on the basis of suspicion, petitioner has been implicated in this false case.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 01.07.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Kanti P.S. Case No. 591/2020 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Gaurav Kumar/- U T