Janardan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 71713 of 2021 Arising Out of PS. Case No.-210 Year-2020 Thana- DHANSOI District- Buxar ====================================================== JANARDAN CHAUDHARY Son of Late Somaru Chaudhary Resident of Village - Parasada, P.S.- Dhansoin, District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shankar Pathak, Adv.

For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-06-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 30(a) and 37(2) of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, on a raid being conducted 516.6 litres of liquor was recovered from the house of Mahavir Chaudhary and he was taken into custody. It was further disclosed by him that the petitioner was amongst the four accused persons who managed to escape.

It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. The petitioner is in custody since 4.9.2021 and has no criminal antecedent under the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No. 71713 of 2021(2) dt.07-06-2022 2/2 It is submitted that one of the antecedent of the petitioner was inadvertently not mentioned in paragraph no.3 of the petition and a supplementary affidavit has been filed online on 6.6.2022 mentioning the same.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration that the petitioner was not arrested at the spot, his not having any criminal antecedent under the Bihar Prohibition and Excise Act, 2016 and having remained in custody for 9 months, the Court directs the petitioner to be enlarged on bail in connection with Dhansoin P.S. Case no. 210 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ADJ-II-cum-Special Judge, Excise at Buxar.

(Partha Sarthy, J) Bibhash/- U