Patna High CourtCR. MISC./11638/2024bail granted

Manoj Chaudhary v. The State Of Bihar

2024-02-23Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11638 of 2024 Arising Out of PS. Case No.-722 Year-2023 Thana- RAMPUR District- Gaya ====================================================== Manoj Chaudhary Son of Swaroop Chaudhary @ Sabroop Chaudhary @ Rup Chaudhary @ rupu Chaudhary Resident of Village- Dilhuri, P.S.- Atri, Dist.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-02-2024 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 offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered altogether 60 liter illegal Tadi kept in three gallons from the motorcycle bearing Registration No. BR-02AU-1778.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized liquor. The

Patna High Court CR. MISC. No.11638 of 2024(2) dt.23-02-2024 2/2 name of the petitioner has transpired in this case on the disclosures made by the arrested co-accused Rahul Kumar. The petitioner is the owner of the alleged motorcycle. The petitioner has two criminal antecedents as has been stated in paragraph no.3 of the present bail application but, in both of them, he is on bail. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner is languishing in judicial custody since 13.12.2023.

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

7. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner, let the petitioner, abovenamed, 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) rishi/- U T