Punit Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9793 of 2024 Arising Out of PS. Case No.-786 Year-2023 Thana- Excise P.S. District- Sheikhpura ====================================================== Punit Chaudhary Son of late Nand Deo Chaudhary Resident of village or Mohalla- Bazidpur, P.S.- Sheikhpura, District- Sheikhpura ... ... Petitioner/s

Versus

1.

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

For the Petitioner :

Mr. Sheo Nandan Prasad, Advocate For the State :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Excise P.S. Case No. 786 of 2023 instituted for the offence under Sections 30(a), 32, 41, 56(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3.

As per prosecution case, there is recovery of total 4 liters of illicit Chulai liquor from white colour plastic bag. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 11-12-2023. Petitioner bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.9793 of 2024(2) dt.20-02-2024 2/2 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner has no concern with the alleged recovered liquor. Petitioner is an agricultural labourer and while he was working on the filed he was implicated on extraneous consideration by the police. There is no compliance of Section 100 of the Code of Criminal Procedure, 1973.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and manner of implication, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise P.S. Case No. 786 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T