Sushil Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51015 of 2021 Arising Out of PS. Case No.-38 Year-2020 Thana- SALAIYA District- Aurangabad ====================================================== SUSHIL CHAUDHARY Son of Ram Lagan Chaudhary Resident of Village - Pirwan, P.S.- Salaiya, District - Aurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Singh Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-04-2022 Heard the parties.

Petitioner seeks regular bail in connection with Salaiya PS Case No. 38 of 2020, G.R. No. 816 of 2020 registered under Section 30(a) of the Bihar Prohibition and Excise ( Amendment ) Act, 2018.

As per the first information report Police reached the village - Teka Bigha on the basis of secret information and intercepted a Tempo, however, the driver of the said Tempo managed to flee away. Police recovered 200 liters of country made Mahua liquor from the said Tempo. The name of the petitioner has been disclosed by the villagers assembled there. Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has been made accused on the basis of disclosure of his

Patna High Court CR. MISC. No.51015 of 2021(2) dt.08-04-2022 2/2 name by the co-villagers. He next submits that petitioner is neither the driver nor the owner of the seized Tempo, he is in custody since 06.04.2021, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence, if released on bail. Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner is neither the driver nor the owner of the seized Tempo, he is in custody since 06/04/2021 , charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence if released on bail, as such, I am inclined to grant regular bail to the petitioner.

Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II cum Special Judge, Excise, Aurangabad in connection with Salaiya PS Case No. 38 of 2020, G.R. No. 816 of 2020.

(Anil Kumar Sinha, J) praful/- U T