Gopal Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54133 of 2021 Arising Out of PS. Case No.-219 Year-2021 Thana- ATRI District- Gaya ====================================================== GOPAL CHAUDHARY SON OF LATE SURJDEO CHAUDHARY Resident of Village- Mani Bigha, Police Station- Atri, District- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aryan Singh, Adv.
For the Opposite Party/s :
Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-04-2022 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 272 and 273 of the Indian Penal Code and section 30(a) and (d) of the Bihar Prohibition and Excise Act, 2016.
As per the prosecution case, 5 litres of country liquor was recovered from the house of the petitioner. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case because of his antecedent under the Bihar Prohibition and Excise Act, 2016. Referring to the seizure list it is submitted that perusal of the same would show that the same contains manipulation in so far as the date of seizure has been overwritten and although the seizure list is said to have been
Patna High Court CR. MISC. No.54133 of 2021(2) dt.04-04-2022 2/2 prepared much prior to registration of the FIR, the same contains FIR number. The petitioner is in custody since 7.7.2021 and chargesheet has been submitted in the case. Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the facts of the case together with the submissions made on behalf of the petitioner and the petitioner having remained in custody for over 8 months, the Court directs the petitioner to be enlarged on bail in connection with Atri P.S. Case no.219 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IInd- Special Judge, Excise Act, Gaya. (Partha Sarthy, J) Bibhash/- U