Patna High CourtCR. MISC./6828/2022bail granted

Jai Prakash Chaudhary v. The State Of Bihar

2022-04-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6828 of 2022 Arising Out of PS. Case No.-526 Year-2021 Thana- MASHRAK District- Saran ====================================================== JAI PRAKASH CHAUDHARY Son of Dharichan Chaudhary Resident of Village- Jamsari, P.S.- Uchkagaon, District - Gopalganj. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kr Singh No.1 For the Opposite Party/s :

Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-04-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 30/30(a)/38/41 of the Bihar Prohibition & Excise Act.

As per the prosecution case, 314 liters of foreign liquor has been recovered from a tractor of which this petitioner was driver.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. Petitioner was not aware of nature of consignment being transported through the vehicle and he was simply following the instructions of the owner of the

Patna High Court CR. MISC. No.6828 of 2022(2) dt.07-04-2022 2/2 vehicle. Petitioner claims clean antecedent and is in custody since 29.10.2021 and investigation in this case is complete. Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II-cum- Special Judge, Excise Act, Saran at Chapra in connection with Masrakh PS case No.526/2021.

(Prabhat Kumar Singh, J) BKS/- U T