Patna High CourtCR. MISC./9597/2023bail granted

Parshuram Chaudhary @ Prashuram Chaudhary v. The State Of Bihar

2023-08-23Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9597 of 2023 Arising Out of PS. Case No.-408 Year-2022 Thana- SARAIYA District- Muzaffarpur ====================================================== Parshuram Chaudhary @ Prashuram Chaudhary, S/O Ram Sagar Chaudhary Resident Of Village- Bhataulia, P.S.- Saraiya, District- Muzaffarpur. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Dr. Bipin Chandra For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-08-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 272, 273/ 34 of the I.P.C. and Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 1.80 litre of liquor concealed under a Banana tree behind the house of the petitioner.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that even the alleged recovery is from a place, which does not

Patna High Court CR. MISC. No.9597 of 2023(3) dt.23-08-2023 2/2 belong to the petitioner and he came to be implicated at the instance of Chaukidar with whom he is on an inimical term.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.II, Muzaffarpur in connection with Saraiya P. S. Case No.408 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T