Barun Kumar Choudhary @ Barun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4826 of 2023 Arising Out of PS. Case No.-397 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Barun Kumar Choudhary @ Barun Kumar Son of Ranjit Chaudhary R/vSursand, P.S.- Sursand, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar, Advocate For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-04-2023 1.

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

2.

Petitioner seeks regular bail in connection with Excise P.S. Case No. 397 of 2022 dated 09.10.2022 registered for the offences punishable under Sections 30(a) and 32(3) of Bihar Prohibition and Excise Act.

3.

The main submissions advanced by learned counsel for petitioner are that the instant matter relates to the recovery of 198 litres of Nepali wine which was recovered from four motorcycles and petitioner and two co-accused persons are stated to have been arrested at the spot with the said motorcycles alongwith the alleged wine but from the petitioner's motorcycle only 90 litres of alleged wine was recovered and the petitioner has been languishing in jail since

Patna High Court CR. MISC. No.4826 of 2023(2) dt.28-04-2023 2/2 10.10.2022 and against him there is one criminal antecedent in which he is on bail. Further submission is that against the petitioner investigation has been completed.

4.

Learned APP for the State has opposed the bail prayer of the petitioner.

5.

Considering the above submissions and mainly the facts that against the petitioner investigation has been completed and most of the material witnesses who are to be examined in trial of the petitioner are official persons, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in connection with Excise P.S. Case No. 397 of 2022.

(Shailendra Singh, J) Shahnawaz/- U T