Dhiraj Chauhan @ Billa vs The State Of Bihar
2021 Latest Caselaw 584 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.36939 of 2020
       Arising Out of PS. Case No.-296 Year-2019 Thana- ROHTAS District- Rohtas
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Dhiraj Chauhan @ Billa, aged about 23 years, male, Son of Vijay Chauhan R/O Village Sundar Ganj, PS- Rohtas, District- Rohtas

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajendra Kumar Deo, Advocate For the State : Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 02-02-2021

Heard Mr. Rajendra Kumar Deo, learned counsel for the

petitioner and Mr. Rana Randhir Singh, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. The petitioner is in custody in connection with Rohtas

PS Case No. 296 of 2019 dated 15.11.2019, instituted under

Section 30(a) the Bihar Prohibition and Excise Act, 2016.

3. The allegation against the petitioner is that when the

police reached the place of occurrence, one person ran away and

they recovered 30 litres mahua liquor and one motorcycle along

with mobile from the spot and it transpired that the petitioner

was the person who had fled away.

4. Learned counsel for the petitioner submitted that he Patna High Court CR. MISC. No.36939 of 2020 dt.02-02-2021

has been falsely implicated as there is no eye witness and only

on hearsay information. It was submitted that no recovery has

been made from the possession of the petitioner or from any

property owned by him. It was submitted that the petitioner is in

custody since 20.06.2020.

5. Learned APP submitted that the petitioner has three

other cases against him.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned 2 nd Additional

District and Sessions Judge, Rohtas, Sasaram-cum-Special

Court Excise, Rohtas, Sasaram in Rohtas PS Case No. 296 of

2019, subject to the conditions (i) that one of the bailors shall be

a close relative of the petitioner, (ii) that the petitioner and the

bailors shall execute bond with regard to good behaviour of the

petitioner, and (iii) that the petitioner shall also give an

undertaking to the Court that he shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the Patna High Court CR. MISC. No.36939 of 2020 dt.02-02-2021

undertaking shall lead to cancellation of his bail bonds. The

petitioner shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being

absent on two consecutive dates, without sufficient cause, shall

also lead to cancellation of his bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T