Rahul Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9689 of 2024 Arising Out of PS. Case No.-722 Year-2023 Thana- RAMPUR District- Gaya ====================================================== Rahul Chaudhary son of Birendra Chaudhary Resident of Village-Bhedwa Nimatar, P.S. Tankuppa, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Ujjawal Kumar Singh, Advocate For the State :

Mr. Braj Kishore Pd, 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 Rampur P.S. Case No. 722 of 2023 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3.

As per prosecution case, there is recovery of total 60 liters of illicit toddy liquor from three gallons. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 27-11-2023. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.9689 of 2024(2) dt.20-02-2024 2/2 case. Petitioner has no concern with the alleged recovered toddy. It is submitted that toddy does not comes within the purview of Excise Act and police on extraneous consideration has implicated the petitioner. 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, clean antecedent 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 Rampur P.S. Case No. 722 of 2023.

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