Mukesh Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12564 of 2024 Arising Out of PS. Case No.-580 Year-2023 Thana- Excise P.S. District- Saharsa ====================================================== Mukesh Choudhary, S/O Late Ladku Choudhary R/O Village- Chakmaka, Barowa Tola Ward No.15, P.S.- Simri Bakhtiarpur, Distt.- Saharsa ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Randhir Kumar No.1 For the Opposite Party/s :

Ms.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-03-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 3.525 litres of liquor from the straw house of the petitioner.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even alleged recovery is from a place, which is outside the house. It is further submitted that no prudent person would use his own house for committing a crime and thus, would create evidence against

Patna High Court CR. MISC. No.12564 of 2024(2) dt.05-03-2024 2/2 himself and hence, would get implicated. It is next submitted that it appears that someone inimical to the petitioner used his straw house for falsely implicating him. It is also submitted that petitioner came to be implicated at the instance of local people, but then, the name of the person, who disclosed the name of the petitioner is not disclosed in the F.I.R., which cast an aspersion on the case of the prosecution.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise, Saharsa in connection with Excise P. S. Case No.580 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T