Kapil Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8148 of 2024 Arising Out of PS. Case No.-444 Year-2023 Thana- MOKAMAH District- Patna ====================================================== Kapil Chaudhary, Son of late Amerika chaudhary @ late Amerik Chaudhary Resident of Village- Barahpur, P.S.- Mokama, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manmohan Kumar For the Opposite Party/s :
Ms.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-02-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the allegation is of recovery of 02 litres of liquor from a bag kept on the road side.
4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even alleged recovery is from a place, which is accessible to public at large. It is further submitted that the bag does not belong to the
Patna High Court CR. MISC. No.8148 of 2024(2) dt.26-02-2024 2/2 petitioner and he came to be implicated based on the disclosure made by local people, but then, F.I.R. does not disclose the name of the person, who disclosed the name of the petitioner, which cast an aspersion on the case of prosecution.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Barh, Patna in connection with Mokama P. S. Case No.444 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T