Mahesh Chaurasiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50226 of 2021 Arising Out of PS. Case No.-74 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== Mahesh Chaurasiya Son of Late Darmbeer Chaurasiya @ Late Dambar Bhagat Resident of Village - Sheropur Chhatwara Ward no. 11, Police Station - Mahua, District - Vaishali at Hajipur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shambhu Prasad Yadav For the Opposite Party/s :

Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a)/42(1)(2) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. It is further submitted that there is no recovery from the conscious possession of the petitioner rather 443.52 litres of foreign liquor has been recovered from behind the house of the petitioner. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. Petitioner is agree to deposit a sum of Rs. 30,000/- (rupees thirty thousand) in Patna High Court Legal Services

Patna High Court CR. MISC. No.50226 of 2021(4) dt.07-07-2022 2/2 Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Taking into consideration the facts aforesaid and the fact that there is no recovery from the conscious possession of the petitioner, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum- Excise Court, Vaishali at Hajipur in connection with Excise Case C2A No.74/2021, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure.

The bail bond of the petitioner shall be accepted by the learned court below on showing receipt of the aforesaid amount deposited in the Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J.) Sanjay/- U T