Karu Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37432 of 2020 Arising Out of PS. Case No.-80 Year-2020 Thana- ISHAKCHAK District- Bhagalpur ====================================================== KARU CHOUDHARY SON OF LATE BHUTKU CHOUDHARY RESIDENT OF VILLAGE - ISHAKCHAK, PASI TOLA, P.S. - ISHAKCHAK, DISTRICT - BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nawal Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-02-2021 Heard Mr. Ranjan Kumar Jha, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, learned Additional Public Prosecutor appearing for the State.

Petitioner seeks regular bail in connection with Ishakchak P.S. Case No. 80 of 2020 registered for the offences punishable under Sections 30(a) and 30(d) of Bihar Prohibition and Excise Amendment Act, 2016.

The allegation as per the First Information Report is that the Police on the basis of secret information that the petitioner along with his son was engaged in illegal trade of illicit liquor, proceeded towards the house of co-accused Narsingh Singh which was taken on rent by the petitioner and recovered a total quantity of 95.700 litres of illicit liquor from

Patna High Court CR. MISC. No.37432 of 2020(2) dt.03-02-2021 2/3 the tempo and e-rikshaw standing near the house of Narsingh Singh. It has further been alleged that on the basis of confession made by the petitioner, the Police recovered a total quantity of 56.750 litres of illicit liquor from the roof of the temple. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and has not committed any offence in the manner alleged and he has falsely been implicated in this case by the Police with ulterior motive. Learned counsel further submits that no illicit liquor has been recovered either from conscious possession of the petitioner or the premises belonging to him and the petitioner is in custody since 8.7.2020.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that the petitioner has got no criminal antecedent and he is in custody since 8.7.2020, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional District & Sessions Judge cum Special Judge, Excise, Bhagalpur, in connection with

Patna High Court CR. MISC. No.37432 of 2020(2) dt.03-02-2021 3/3 Ishakchak P.S. Case No. 80 of 2020.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T