Mantosh Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6264 of 2022 Arising Out of PS. Case No.-413 Year-2021 Thana- GAIGHAT District- Muzaffarpur ====================================================== 1.
MANTOSH CHOUDHARY Son of Late Ram Dayal Choudhary Resident of Village - Ram Nagar, P.s.- Gaighat, Distt.- Muzaffarpur. 2.
Shyam Dyal Choudhary Son of Shankar Choudhary Resident of Village - Nayagaon, P.s.- Aura, Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Shekhar Anand For the Opposite Party/s :
Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-04-2022 Heard learned counsel for the parties.
The petitioners pray for bail in a case registered for the offence under Sections 272, 273, 34 of the I.P.C. and Section 30(a) of Bihar Prohibition and Excise Act.
As per the prosecution case, from the house of petitioner no. 1, two liters of country-made liquor has been recovered and from the possession of petitioner no. 2, one liter country-made liquor was recovered.
It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioners. Petitioners claim clean antecedent and they are in custody since 14.11.2021. Investigation is complete.
Patna High Court CR. MISC. No.6264 of 2022(2) dt.05-04-2022 2/2 Learned A.P.P. for the State has opposed the bail petition.
Considering the quantity of recovery, clean antecedent and period of custody, the bail petition of petitioners is allowed. Let the above named petitioners be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Gaighat P.S. Case No. 413 of 2021.
(Prabhat Kumar Singh, J) anay/- U T