Ramswaroop Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.489 of 2021 Arising Out of PS. Case No.-259 Year-2020 Thana- NAWADA MUFFASIL District- Nawada ====================================================== RAMSWAROOP CHAUDHARY son of Late Banshi Chaudhary Resident of Village- Kalipur, P.S.- Mufassil, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Rita Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-02-2021 Heard Mr. Pramod Kumar Verma, learned counsel for the petitioner and Ms. Rita Verma learned Additional Public Prosecutor appearing for the State. Petitioner seeks regular bail in connection with Nawada Mufassil P.S. Case No. 259 of 2020 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation as per the First Information Report is that a total quantity of 10 litres of illicit liquor has been recovered beside the house of the petitioner made of asbestos sheets.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner

Patna High Court CR. MISC. No.489 of 2021(2) dt.22-02-2021 2/3 alleged and he has falsely been implicated in this case with oblique motive. Learned counsel further submits that the illicit liquor has not been recovered from conscious possession of the petitioner and at the time of search and seizure, the procedure prescribed under Section 100 Cr. P.C. has not been followed. Learned counsel also submits that the petitioner is in custody since 26.09.2020, the charge sheet has already been submitted 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, the fact that the petitioner is in custody since 26.9.2020 and charge sheet has been submitted as well as 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 2nd Additional Sessions Judge-cum-Special Judge, Nawada, in connection

Patna High Court CR. MISC. No.489 of 2021(2) dt.22-02-2021 3/3 with Nawada Mufassil P.S. Case No. 259 of 2020 It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

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