Patna High CourtCR. MISC./2928/2023allowed

Sachin Choudhary v. The State Of Bihar

2023-06-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2928 of 2023 Arising Out of PS. Case No.-428 Year-2022 Thana- WARISLIGANJ District- Nawada ====================================================== Sachin Choudhary, Son of Kishun Choudhary R/V- Mohiuddinpur, P.SWarisaliganj, Dist- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 30(a), 30(c), 41 of Bihar Prohibition and Excise Act. The prosecution case relates to recovery of total 50 liters Mahua wine from an open place. It is further alleged that other articles have also been recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to local politics. The petitioner was not apprehended on the spot and he has no concern with the alleged recovery nor from the place of occurrence. It is further submitted that the petitioner is

Patna High Court CR. MISC. No.2928 of 2023(3) dt.19-06-2023 2/2 languishing in judicial custody since 17.10.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Warisaliganj P.S. Case No. 428 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-2, Nawada.

(Sunil Kumar Panwar, J) lata/- U T