Sanjay Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 2856 of 2020 Arising Out of PS. Case No.-957 Year-2019 Thana- NAWADA District- Nawada ====================================================== 1.

Sanjay Chauhan S/o Shibnandan Chauhan R/o village- Laxmipur, P.S.- Mufassil, District- Nawada 2.

Jaggu Chauhan S/o Ramdiri Chauhan R/o village- Jnugal Beldari, Budhaul, P.S.- Nagar, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

10-06-2020 Heard learned counsel for the parties through video conferencing.

The petitioners seek bail in Nawada (Nagar) P.S. Case No. 957 of 2019 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per prosecution case, total 64.20 liters of countrymade liquor have been recovered from the house of co-accused Chotey Lal Chauhan and Munna Chauhan and on the disclosure of some villagers, name of petitioners and others has surfaced. It is submitted on behalf of petitioners that petitioners have falsely been implicated by the villagers in this case due to village politics. Nothing has been recovered either from the

Patna High Court CR. MISC. No.2856 of 2020(3) dt.10-06-2020 2/2 possession of petitioners or from their house, rather the recovery has been effected from the houses of co-accused. Petitioners have no criminal antecedent, as stated in paragraph - 3 of the petition.

Considering the aforesaid facts and circumstances, the bail application is allowed.

Let the above-named both petitioners be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District Judge II-cum-Special Judge, Excise Act, Nawada in connection with Nawada (Nagar) P.S. Case No. 957 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J.) anay U T