Raju Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55002 of 2022 Arising Out of PS. Case No.-401 Year-2021 Thana- ATRI District- Gaya ====================================================== Raju Chaudhary Son Of Phul Chand Chaudhary @ Fulchand Chaudhari R/O Village- Sahora, P.S.- Atri, Distt.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Atri P.S. Case No. 401 of 2022 registered for the alleged offences under Sections 272 and 273 of the Indian Penal Code and under Section 30(a)(d) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

As per prosecution case, the police received secret information about the petitioner and other co-accused persons manufacturing country made mahua liquor near the bank of Paimar river. A raid was conducted but the petitioner and other co-accused persons fled away on seeing the police party.

Patna High Court CR. MISC. No.55002 of 2022(2) dt.23-11-2022 2/3 Recovery of 1500 liters of raw materials for manufacturing the illicit liquor was made which was destroyed. Apart from it a number of equipment for manufacturing the illicit liquor were seized and the furnace was destroyed.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case as he was not apprehended from the spot and nothing incriminating has been recovered from him. The recovery of contraband has been made from an open place and the petitioner has no concern either with the contraband which was destroyed or with the equipment which were seized. Though, it is stated that the petitioner was named by the farmers working there, but none of them has been made witness in this case. Charge sheet has been submitted in this case and the petitioner is in custody since 21.07.2022.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner submitting that the petitioner and others were involved in the manufacturing of illicit liquor. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the fact that the petitioner was not apprehended from the spot and nothing incriminating has been recovered from him and also

Patna High Court CR. MISC. No.55002 of 2022(2) dt.23-11-2022 3/3 considering the submission of charge sheet along with period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court No. 1, Gaya in connection with Atri P.S. Case No. 401 of 2021, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Gautam/daya U T