Bale Chauhan @ Shiv Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54693 of 2024 Arising Out of PS. Case No.-284 Year-2021 Thana- NOORSARAI District- Nalanda ====================================================== Bale Chauhan @ Shiv Chauhan Son of Late Janki Chauhan R/O Vill.- Charui, Beldari, P.s.- Noor Sarai, Dist.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramswarup Prasad, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Noor Sarai P.S. Case No. 284 of 2021 dated 20.08.2021 registered for the offences punishable u/ss 272, 273 and 34 of the Indian Penal Code and Section 30(a)(d) of the Bihar Prohibition and Excise Amendment Act.

3. As per the prosecution case, total 15 litres of illicit country made liquor and some apparatus for making liquor were recovered from the field of Kishore Chauhan and 15 litres of illicit country made liquor and some apparatus for making liquor were recovered from the field of Siya Ram Yadav.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.54693 of 2024(3) dt.28-08-2024 2/2 case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has seven criminal antecedents in which he is on bail in all the cases as stated in para 3 of the bail petition. The petitioner is in custody since 31.01.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nalanda at Bihar Sharif in connection with Noor Sarai P.S. Case No. 284 of 2021, with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T