Triveni Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75742 of 2019 Arising Out of PS. Case No.-359 Year-2019 Thana- DESARI District- Vaishali ====================================================== Triveni Chaudhary, Son of Late Lakshmi Chaudhary Resident of Village - Morauatpur, P.S.- Desari, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner seeks regular bail in connection with Desari P.S. Case No.359 of 2019, for the offence punishable under Section 30(a) of Bihar prohibition and Excise Act, 2016. The allegation against the petitioner as per the First Information Report is that the police intercepted near the house of Fudena Chaudhary and recovered a total quantity of 5 litres of country-made liquor and arrested person disclosed the name of the petitioner and others that the petitioner is indulged in the trade of illicit liquor. The police raided the house of co-accused person, Triveni Chaudhary (the petitioner) and recovered a total quantity of 40 litres of country-made liquor from the co-accused and no illicit liquor has been recovered from the house of the

Patna High Court CR. MISC. No.75742 of 2019(2) dt.27-11-2019 2/2 petitioner.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case merely on the basis of statement made by the arrested co-accused. Learned counsel further submits that no illicit liquor has been recovered from the conscious possession or the house belonging to the petitioner. Learned counsel further submits that the petitioner is in custody since 08.11.2019.

Having heard learned counsel for the parties and taking into consideration the fact that no illicit liquor has been recovered from the conscious possession or the premises belonging to the petitioner, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge IInd-cum-Excise Court, Vaishali at Hajipur, in connection with Desari P.S. Case No.359 of 2019.

(Anil Kumar Sinha, J) sanjeev/- U T