Patna High CourtCR. MISC./1201/2024bail granted

Vishal Chauhan v. The State Of Bihar

2024-01-18Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1201 of 2024 Arising Out of PS. Case No.-983 Year-2023 Thana- Excise P.S. District- Siwan ====================================================== VISHAL CHAUHAN S/O GHURA CHAUHAN R/O VILLAGE- AAGU CHHAPRA, P.S- SIWAN TOWN, DISTT.- SIWAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-01-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Siwan Excise Case no.983 of 2023 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, the informant states that on secret information having been received, a raid was conducted and 207 litres of country liquor was recovered. The petitioner who made an attempt to escape was chased and caught.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession. The alleged place of recovery is an open place accessible to all.

Patna High Court CR. MISC. No.1201 of 2024(2) dt.18-01-2024 2/2 The petitioner has no criminal antecedent and is in custody since 30.10.2023.

5. The prayer for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the alleged place of recovery of the incriminating articles, the petitioner not having any criminal antecedent and being in custody since 30.10.2023, the petitioner is directed to be enlarged on bail in connection with Siwan Excise Case no.983 of 2023 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 Exclusive Special Judge Excise, Court no.-II, Siwan. (Partha Sarthy, J) Shiv/- U T