Dinesh Chaupal @ Hullo Chaupal @ Fulo Chaupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65181 of 2022 Arising Out of PS. Case No.-141 Year-2022 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Dinesh Chaupal @ Hullo Chaupal @ Fulo Chaupal Son of Ram Bilash Chaupal Resident of Village Mairchi Hirni(Padho), P.S. Kusheshwarasthan, District Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nawal Kishor Prasad For the Opposite Party/s :

Mr. Arvind Kumar Pandey(App 84) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

1211.70 litres of foreign liquor was recovered from a pick-up van and 43.5 litres of foreign liquor was recovered from the house of co-accused, Ghuran Chaupal.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that liquor and wine do not

Patna High Court CR. MISC. No.65181 of 2022(2) dt.09-12-2022 2/3 belong to the petitioner. It is submitted that the apprehended accused disclosed the name of the petitioner. It is further submitted that there is no recovery from the conscious possession of the petitioner.

Petitioner is agree to deposit a sum of Rs. 40,000/- (rupees forty thousand) in the Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Taking into consideration the fact that there is no recovery from the conscious possession of the petitioner, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-II, Darbhanga in connection with Kusheshwarasthan P.S. Case No.141 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the further conditions that:

(i) One of the bailors will be his own blood relative,

Patna High Court CR. MISC. No.65181 of 2022(2) dt.09-12-2022 3/3 preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. The bail bond of the petitioner shall be accepted by the learned court below on showing receipt of deposit of the aforesaid amount in the Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J) Sanjay/- U T