Patna High CourtCR. MISC./9028/2023bail granted

Balram Chaudhary @ Baliram Chaudhary v. The State Of Bihar

2023-04-29Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9028 of 2023 Arising Out of PS. Case No.-3 Year-2022 Thana- GAYA MUFASIL District- Gaya ====================================================== BALRAM CHAUDHARY @ BALIRAM CHAUDHARY, Son of Late Sukhal Chaudhary @ Thakur Chaudhary, Resident of Village - Bahore Bigha (Salempur), P.S.- Muffasil, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-04-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Muffasil P.S. Case No. 03 of 2022 dated 01.01.2022 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Amendment Act. As per the prosecution case, total 12 litres of India made foreign liquor was recovered from the house of the petitioner.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.9028 of 2023(2) dt.29-04-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is also accused in one more case which is not related to the Excise Act as stated in para 3 of the bail petition. The petitioner is in custody since 01.12.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Muffasil P.S. Case No. 03 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T