Raja Babu Chaupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60495 of 2021 Arising Out of PS. Case No.-92 Year-2021 Thana- SINGHIYA District- Samastipur ====================================================== RAJA BABU CHAUPAL Son of Ranjit Chaupal Resident of Village - Mahara, Ward no.05, P.s.- Singhia, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar Choudhary For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-03-2022 Heard the learned Senior Counsel for the petitioner and the learned APP for the State. The petitioner seeks regular bail in connection with Singhia P.S. Case No. 92/2021 (Excise G.R.No. 532 of 2021), registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 53.280 liters of illicit liquor from the house of the co-accused person, namely, Bangali Paswan @ Tarkeshwar Paswan and the petitioner is stated to be standing outside the said premises.

The learned Senior Counsel for the petitioner

Patna High Court CR. MISC. No.60495 of 2021(2) dt.30-03-2022 2/3 has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 17.6.2021. The learned Senior Counsel for the petitioner has further submitted that neither the illicit liquor has been recovered from the conscious possession of the petitioner nor from his house and in fact, admittedly, the same has been recovered from the house of the co-accused person, namely, Bangali Paswan @ Tarkeshwar Paswan, who has already been granted bail by a coordinate Bench of this Court vide order dated 11.3.2022 passed in Criminal Miscellaneous No. 57480 of 2021.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact

Patna High Court CR. MISC. No.60495 of 2021(2) dt.30-03-2022 3/3 that the case of the petitioner stands on a better footing than the co-accused person, who has already been admitted to the privilege of anticipatory bail by a coordinate Bench of this Court, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II cum Special Judge (Excise), Samastipur in connection with Singhia P.S. Case No. 92/2021 (Excise G.R.No. 532 of 2021).

(Mohit Kumar Shah, J) Ajay/- U T