Prem Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4493 of 2021 Arising Out of PS. Case No.-348 Year-2020 Thana- PIRBAHOR District- Patna ====================================================== Prem Chaudhary Son Of Late Nand Kishore Chaudhary Resident Of MohallaMussalahpur Hat, Chain Tola, P.S. - Kadam Kuan, District- Patna ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar, Advocate For the Opposite Party/s :
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-03-2021 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Special Case no. 5281 of 2020 arising out of Pirbahore P.S. Case no. 348 of 2020 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.
As per allegation in the FIR, 58 litres of country liquor is stated to have been recovered from the shop of the petitioner.
It is submitted by learned counsel for the petitioner that the allegation of recovery of Mahua is false and incorrect. The petitioner has a shop and is authorized to sell 'neera'. No incriminating article has been recovered from his shop. He is in
Patna High Court CR. MISC. No.4493 of 2021(2) dt.22-03-2021 2/2 custody since 9.9.2020 i.e. for more than 6 months and charge sheet has been submitted in the case.
Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner together with the period in custody, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Special Case no. 5281 of 2020 arising out of Pirbahore P.S. Case no. 348/2020 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 Special Judge, Excise, Patna. (Partha Sarthy, J) Prakash/- U