Bilash Chowdhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60830 of 2021 Arising Out of PS. Case No.-262 Year-2021 Thana- SIKANDRA District- Jamui ====================================================== BILASH CHOWDHARY S/O LATE MUNNA CHOWDHARY R/o villageSimartalla, P.S.- Sikandara, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-03-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Sikandara P.S. Case No.

262/2021, registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Amendment and Excise Act.

The allegation is regarding recovery of 25 liters of illicit liquor from behind the house of the petitioner adjacent to the wall of the house of the petitioner.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.60830 of 2021(2) dt.31-03-2022 2/3 submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 4.9.2021. The learned counsel for the petitioner has further submitted that admittedly, the illicit country made liquor has not been recovered from inside the house of the petitioner, hence, the petitioner cannot be saddled with the liability of the illicit liquor recovered from the place in question.

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 period of incarceration of the petitioner herein, 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

Patna High Court CR. MISC. No.60830 of 2021(2) dt.31-03-2022 3/3 two sureties of the like amount each to the satisfaction of learned ADJ 2nd, Jamui in connection with Sikandara P.S. Case No. 262/2021. (Mohit Kumar Shah, J) Ajay/- U T