Arun Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57719 of 2021 Arising Out of PS. Case No.-420 Year-2021 Thana- GAYA MUFASIL District- Gaya ====================================================== Arun Chaudhary S/O Ganauri Chaudhary Resident Of Mohalla- Gandhinagar, P.S.- Muffasil, District- Gaya.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Raj Kishore Prasad For the Opposite Party/s :

Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-01-2022 The learned counsel for the petitioner has filed a supplementary affidavit stating that in the bail application, inadvertently in the first paragraph, it has been typed as anticipatory bail instead of regular bail. Further in the prayer portion, Excise Case No.417 of 2020 dated 17.10.2020 has been typed instead of Mofassil P. S. Case No.420 of 2021 dated 26.08.2021. Further, in the index of the bail petition, Annexure1 has been typed as 17.10.2020 instead of 26.08.2021. In view of the pleading made in the supplementary affidavit, the relevant paragraphs as mentioned aforesaid stands rectified.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Mufassil P. S. Case No.420 of 2021, instituted for the offences under Sections 30(a), 37(i)(ii) of the Bihar Prohibition and Excise

Patna High Court CR. MISC. No.57719 of 2021(2) dt.07-01-2022 2/2 (Amendment) Act, 2018.

The learned counsel for the petitioner submits that the petitioner is in custody since 04.09.2021 and charge-sheet has been submitted in this case.

Allegation is of recovery of 14 litre of liquor from the house of petitioner.

The learned counsel for the petitioner submits that the house does not belong to the petitioner individually rather it is a joint family property.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody since 04.09.2021 and charge-sheet has been submitted in this case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya in connection with Mofassil P. S. Case No.420 of 2021. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T