Bali Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67697 of 2022 Arising Out of PS. Case No.-61 Year-2022 Thana- DARIHAT District- Rohtas ====================================================== Bali Chaudhary S/O Ram Swarup Choudhary R/O Village- Darihat, P.SDarihat, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shankar Kumar, Adv.

For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Darihat P.S. Case No. 61 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 10.08.2022.

The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of 25 litres of illicit Mahua liquor.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.67697 of 2022(2) dt.23-12-2022 2/3 submitted that alleged recovery of illicit liquor was made from open street, crossing in front of house of the petitioner and same is sufficient to suggest that recovery was not made from conscious physical possession of this petitioner. It is also submitted that petitioner is involved in 02 more criminal cases of similar nature, where, he is on bail and out of suspicion arises from those cases petitioner was implicated in present case also, having otherwise no bearing over the merit of case. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as the alleged recovery of illicit liquor was made from open street coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Darihat P.S. Case No. 61 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Rohtas at

Patna High Court CR. MISC. No.67697 of 2022(2) dt.23-12-2022 3/3 Sasaram/concerned court, subject to the conditions, as mentioned under Section 437(3) of the Cr.P.C., with further condition:

"That Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the document."

(Chandra Shekhar Jha, J) S.Katyayan/- U T