Patna High CourtCR. MISC./7697/2022bail granted

Bhushan Chaudhary v. The State Of Bihar

2022-06-13Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7697 of 2022 Arising Out of PS. Case No.-225 Year-2021 Thana- KARJA District- Muzaffarpur ====================================================== 1.

Bhushan Chaudhary S/o Banarsi Chaudhary R/o village- Barkagaon, P.S.- Karja, District- Muzaffarpur 2.

Basdev Chaudhary @ Vasdev Chaudhary S/o Banarsi Chaudhary R/o village- Barkagaon, P.S.- Karja, District- Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Shekhar Anand, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-06-2022 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioners seek bail in connection with Karja P.S. Case No. 225 of 2021 lodged under Sections 272, 273 and 34 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act, 2016 with Amendment. As per the allegations made in the F.I.R., the total recovery of 55 liters country made wine were alleged to be recovered.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.7697 of 2022(2) dt.13-06-2022 2/2 alleged recovery of liquor was not made from the conscious possession of the petitioners, it has been recovered from the damaged hut of the petitioner no. 1. The learned counsel further submits that charge-sheet has already been filed in this case and petitioners are in custody since 13.11.2021 having no criminal antecedent.

Learned A.P.P. has opposed the prayer for bail of the petitioners.

Considering the fact that the petitioners are in custody since 13.11.2021, charge-sheet has already been filed in this case and petitioners have no criminal antecedent, let the petitioners, above named, be granted bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Karja P.S. Case No. 225 of 2021.

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