Patna High CourtCR. MISC./11318/2024bail granted

Lakhindra Chaudhary @ Lakhindu Chaudhary v. The State Of Bihar

2024-02-23Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11318 of 2024 Arising Out of PS. Case No.-310 Year-2023 Thana- WARISNAGAR District- Samastipur ====================================================== Lakhindra Chaudhary @ Lakhindu Chaudhary, aged about 49 years, Male, Son Of Late Meghu Chaudhary @ Late Medhu Chaudhary, Resident of Village- Bhadoghat, PS- Warisnagar Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap, Advocate For the Opposite Party/s :

Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-02-2024 Heard learned counsel appearing on behalf of the parties.

2. The petitioner seeks bail in connection with Warisnagar P.S. Case No.-310 of 2023 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

3. As per allegation in the FIR, total 5 liters of country made liquor was recovered from a gallon.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in this and he has no concern with the alleged recovery and nothing has been recovered from the conscious possession of the petitioner. Petitioner is in custody since 31.12.2023.

Patna High Court CR. MISC. No.11318 of 2024(2) dt.23-02-2024 2/2

5. Learned APP appearing for the State, opposes the prayer for bail of the petitioner.

6. Considering the facts and circumstances and alleged liquor has not been recovered from the conscious physical possession of this petitioner, let the petitioner, above named, is directed to be released on bail in connection with Warisnagar P.S. Case No.310 of 2023 on furnishing personal bonds of Rs.2,000/-(Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Court-II, Samastipur.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T