Manoj Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8979 of 2025 Arising Out of PS. Case No.-1387 Year-2024 Thana- SAHARSA SADAR District- Saharsa ====================================================== Manoj Choudhary S/o- Shanti Choudhary Moh- Gandhipath W.No-8/39, PsSaharsa Dist- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sadar PS Case No. 1387 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 54.375 litres of foreign liquor was recovered from three sacks under petitioner's stairs.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery

Patna High Court CR. MISC. No.8979 of 2025(2) dt.19-02-2025 2/2 of liquor. It is submitted that recovery is made from the joint house of the petitioner where the other family members also reside. The petitioner is in custody since 17.12.2024 and has got two criminal antecedents in which he is on bail. There is no compliance of Section 103 of B.N.S.S.

5.

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

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

7.

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 Sadar PS Case No. 1387 of 2024.

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