Upendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1631 of 2021 Arising Out of PS. Case No.-52 Year-2020 Thana- KATRA District- Muzaffarpur ====================================================== UPENDRA CHAUDHARY, Son of Raghuvir Choudhary Resident of Village - Yajuar, P.S.- Katra, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-03-2021 Heard Mr. Alok Kumar Alok, learned Counsel for the petitioner and Mrs. Indu Kumari Srivastava, learned Additional Public Prosecutor for the State, through Video Conferencing.

This application, for grant of regular bail, arises out of Katra Police Station Case No. 52 of 2020, disclosing offences under Section 272/273 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation, as per the First Information Report is that on the basis of confidential information, the house of the petitioner was raided by the police and total quantity of 26.28 litres of illicit liquor was recovered from the said house. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged

Patna High Court CR. MISC. No.1631 of 2021(2) dt.10-03-2021 2/3 and he has falsely been implicated in this case with ulterior motive. Learned counsel next submits that the house from where the illicit liquor was allegedly recovered belongs to the joint family and the brother of the petitioner, namely, Surendra Chaudhary, was arrested from the spot and he has been granted bail by this Court in Cr. Misc. No.19505 of 2020. Learned counsel next submits that petitioner is in custody since 06.09.2020 and the chargesheet has already been submitted against the petitioner and 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 and the fact that similarly situated co-accused person has been granted bail by this Court and the petitioner is in custody since 06.09.2020 having no criminal antecedent and the chargesheet has already been submitted in this case, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, Upendra Chaudhary, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Muzaffarpur, in connection with Katra Police Station Case No. 52 of 2020.

Patna High Court CR. MISC. No.1631 of 2021(2) dt.10-03-2021 3/3 It is made clear at the time of furnishing bail bond, all the parties shall follow the guidelines regarding social distancing.

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