Santosh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67186 of 2022 Arising Out of PS. Case No.-251 Year-2022 Thana- NAUTAN District- West Champaran ====================================================== SANTOSH CHAUDHARY, Son Of Sri Vishwanath Chaudhary, R/O VillageBaira Parsauni, P.S.- Nautan, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Advocate For the Opposite Party/s :

Ms.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 03-02-2023 Today being Friday, matters are being taken up through virtual mode, as per current procedure for hearing. Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Nautan P.S. Case No. 251 of 2022 registered for the offence punishable under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

There is alleged recovery of 44.280 litres of illicit liquor. The petitioner and co-accused were allegedly carrying it on a motorcycle.

Learned counsel for the petitioner submits that it is a case of false implication. The petitioner has no antecedents. Recovery is denied and disputed and it is stated that seizure memo is not prepared in compliance with Section 100 Cr.P.C. Petitioner is in custody since 06.05.2022. Moreover, investigation is also complete. The petitioner is not the owner of the said motorcycle.

Patna High Court CR. MISC. No.67186 of 2022(2) dt.03-02-2023 2/2 Learned APP for the State has opposed the prayer for bail. Considering the rival submissions, manner of petitioner's implication, clean antecedent, period of custody and the fact that investigation is complete, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel.

Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, West Champaran at Bettiah, in connection with Nautan P. S. Case No. 251 of 2022, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shashank/- U T