Chandan Chaurasiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39984 of 2020 Arising Out of PS. Case No.-184 Year-2020 Thana- DARAUNDA District- Siwan ====================================================== CHANDAN CHAURASIYA, Son of Dhrup Shankar Chaurasiya @ Dhruv Chaurasiya, Resident of Village- Katwar, P.S.- Daraunda, District- Siwan ... Petitioner

Versus

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

For the Petitioner :

Mr. Ajay Kumar Tiwary, Adv.

For the Opposite Party :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-07-2021 As prayed for, through video conferencing, let the learned counsel for the petitioner remove the defect(s), as pointed out by the office vide it's note, dated 26.12.2020, within four weeks of starting of the Court proceeding in physical mode properly.

Heard the parties through video conferencing. The petitioner seeks pre-arrest bail in connection with Daraunda P.S. Case No. 184 of 2020, registered under Sections 272 and 273 of the Indian Penal Code and 30(a), 41(i) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The accusation is that on receiving the secret information about storing country made liquor by Ajay Singh, Yasvant Singh, Anant Singh and Chandan Chaurasiya (petitioner) in the house of Nagendra Singh in village Bedapur, the informant, along with other police personnel, reached there,

Patna High Court CR. MISC. No.39984 of 2020(2) dt.20-07-2021 2/3 then, saw a pick-up van was parked there where three persons were present. On seeing the police party three persons started to flee away while they were chased, but, they succeeded to flee away taking the advantage of darkness. In the presence of local Chowkidars Brij Kishore Mali and Ranglal Manjhi Bolero pickup van was search from which 1920 bottles, each of 180 ml in volume of 345.600 liters Indian made foreign liquor recovered. On search of room of house of Nagendra Singh 10410 bottles of Indian made foreign liquor in volume of 2930.440 recovered. Submission is that the petitioner was not apprehended on the spot nor the petitioner is the resident of place of occurrence of village, the petitioner has been implicated in this mere on suspicion by the informant. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender, within a period of four weeks from today, in connection with Daraunda P.S. Case No. 184 of 2020 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District & Sessions Judge II-cumSpecial Judge, Excise, Siwan, or the successor Court subject to

Patna High Court CR. MISC. No.39984 of 2020(2) dt.20-07-2021 3/3 the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T