Lal Mohar Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40200 of 2020 Arising Out of PS. Case No.-162 Year-2020 Thana- DINARA District- Rohtas ====================================================== LAL MOHAR CHAUDHARI SON OF LATE DHUNA CHAUDHARI RESIDENT OF VILLAGE- SAISAR P.S.- DINARA, DISTRICT- ROHTAS ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashutosh Tripathy, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-02-2021 Heard Mr. Ashutosh Tripathy, learned counsel for the petitioner and Mr. Chandra Sen Prasad Singh, learned Additional Public Prosecutor appearing for the State. Petitioner seeks regular bail in connection with Dinara P.S. Case No. 162 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation as per the First Information Report is that a total quantity of 509.400 litres of illicit liquor has been recovered from the house of the petitioner. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case with oblique motive and he has got no criminal antecedent. Learned counsel further submits that the house from where

Patna High Court CR. MISC. No.40200 of 2020(2) dt.20-02-2021 2/3 the illicit liquor has been recovered, belongs to joint family and other family members also reside in the same. Learned counsel also submits that at the time of search and seizure, the procedure prescribed under Section 100 Cr. P.C. has not been followed. Learned counsel next submits that there is no likelihood that the petitioner will abscond or tamper with the evidence.

Having regard to the submissions made by the parties and taking into consideration the materials on record, the fact that the charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence, 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 Additional District and Sessions Judge-II cum Special Judge, Excise, Rohtas at Sasaram, in connection with Dinara P.S. Case No. 162 of 2020.

It is made clear that at the time of furnishing bail

Patna High Court CR. MISC. No.40200 of 2020(2) dt.20-02-2021 3/3 bonds all the parties shall follow the guidelines regarding social distancing.

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