Munna Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5035 of 2023 Arising Out of PS. Case No.-662 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Bhojpur ====================================================== Munna Chaudhary Son Of Late Ganpat Chaudhary R/O Village- Meerachak, P.S.- Ara Town, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Adv.

For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-03-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Bhojpur Excise P.S. Case No. 662 of 2022 lodged under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. As per the prosecution case, the total recovery of 255.900 litre spurious Tari has been made, which is the subject matter of the present case.

Learned counsel for the petitioner submits that antecedent of the petitioner is clean and he is in custody since 24.11.2022.

Patna High Court CR. MISC. No.5035 of 2023(2) dt.04-03-2023 2/2 Learned counsel for the State opposes the prayer for bail and submits that the allegation against the petitioner that he was running a Tari shop and accused nos. 2 to 8 were apprehended from his shop where he was selling Tari. Upon specific query from counsel for the petitioner that whether charge has been framed in this case or not, counsel submits that as per his knowledge, charge has not been framed in this case.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner, therefore, his bail petition is hereby rejected. Liberty is hereby granted to the petitioner that he may renew his prayer for bail after framing of charge and the Trial Court is directed to release him on bail, thereafter imposing its own conditions, so that he may not evade his appearance during trial.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) sadique/- U T