Patna High CourtCR. MISC./61307/2021bail granted

Sudhir Chaudhary v. The State Of Bihar

2022-05-26Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61307 of 2021 Arising Out of PS. Case No.-396 Year-2020 Thana- ATRI District- Gaya ====================================================== Sudhir Chaudhary, male, aged about 34 years, Son of Bhola Chaudhary, Resident of Village - Chauthi Beldari, P.S. - Atri, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmendra Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-05-2022 Heard the learned counsel for the parties.

The petitioner seeks bail in connection with Atri P.S. Case No. 396 of 2020, dated 01.11.2020, instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Approximately 15 litres of country made liquor and 1500 litres of Java Mahua liquor is said to have been recovered from near a stream in the village. The petitioner is sought to be prosecuted in this case on the statement made by the local Choukidar that he was seen fleeing away from the place of raid.

Patna High Court CR. MISC. No.61307 of 2021(2) dt.26-05-2022 2/2 Apart from the aforesaid ground, there is no other material to connect the petitioner with the offence. Though in the impugned order, there is reference of several cases against the petitioner which has been clarified in paragraph 3 of the bail petition as also in the supplementary affidavit, but taking into account the period of custody of the petitioner, which is from 28.04.2021, and the nature of accusation against him, he is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Addl. Sessions Judge-Cum-Special Judge, Excise Act, Gaya in connection with Atri P.S. Case No. 396 of 2020. The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T