Oral order granting regular bail to petitioner in Nagar Sahayak P.S. Case No. 77 of 2020 for offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016, directing removal of defects within eight weeks.
Released on regular bail on furnishing a bail bond of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19703 of 2020
Arising Out of PS. Case No.-77 Year-2020 Thana- KATIHAR District- Katihar
======================================================
Karan Chauhan @ Karan Kumar Male aged about 28 years, Son of Prakash Chauhan Resident of Village - Bheria Rahika, P.S.- Sahyak, District- Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Suresh Prasad Sah @ Baranwal For the Opposite Party/s : Mr. Nawal Kishore Prasad ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 24-06-2020
Heard Mr. Suresh Prasad Sah @ Baranwal , learned counsel for the petitioner and Mr. Nawal Kishore Prasad, learned counsel appearing for the State through video conferencing.
Learned counsel for the petitioner is directed to remove the defects within eight weeks.
Petitioner seeks regular bail in connection with Nagar Sahayak P.S. Case No. 77 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The allegation against the petitioner is that Police got secret information that petitioner has kept illegal wine in a bush near the boundary wall of one Arvind Singh. The Police proceeded towards the place of occurrence and recovered a total quantity of 67.260 liters of illicit liquor.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to oblique motive inasmuch as from perusal of the seizure list it would be
Patna High Court CR. MISC. No.19703 of 2020(2) dt.24-06-2020 2/2
evident that illicit liquor has not been recovered from the conscious possession or the premises belonging to the petitioner. Learned counsel further submits that petitioner is in custody since 10.02.2020 and is having no criminal antecedent.
Having regard to the submissions made by 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 and the petitioner has got no criminal antecedent, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/(ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. II – Cum- Special Judge ( Excise Act ), Katihar in connection with Nagar Sahayak P.S. Case No. 77 of 2020.
It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.
(Anil Kumar Sinha, J)
praful/-
U T
1 issue framed by the court
Whether the petitioner is eligible for regular bail in connection with the excise case.
Karan Chauhan @ Karan Kumar
The State of Bihar
ANIL KUMAR SINHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
