Mangal Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56081 of 2022 Arising Out of PS. Case No.-256 Year-2022 Thana- HASPURA District- Aurangabad ====================================================== Mangal Chaudhari S/O Gulabchand Chaudhari, R/O Village- Halim Chak, P.S.- Haspura, District- Aurangabad (bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Leelawati Kumari, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-12-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Haspura P.S. Case No. 256 of 2022 lodged under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018. As per prosecution case, total recovery of 258.84 liter country made liquor has been made from the house of the petitioner and one Alto car, which is the subject matter of the present case.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that the said recovery was made from the Dalan of the

Patna High Court CR. MISC. No.56081 of 2022(2) dt.02-12-2022 2/2 petitioner, which is the outer part of the building, where the common public used to come and go very frequently. Counsel further submits that petitioner having no criminal antecedent relating to excise matter but having one criminal case relating to Indian Penal Code, in which he is persuading for bail. He further submits that petitioner is in custody since 31.08.2022 and charge sheet has already been submitted in this case. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-II, Aurangabad (Bihar) in connection with Haspura P.S. Case No. 256 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C..

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T