Patna High CourtCR. MISC./14124/2023allowed

Udhesh Chaudhary @ Udesh Chaudhary @ Udheshya Chaudhary @ Udeshy Chaudhary v. The State Of Bihar

2023-04-26Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14124 of 2023 Arising Out of PS. Case No.-30 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Udhesh Chaudhary @ Udesh Chaudhary @ Udheshya Chaudhary @ Udeshy Chaudhary S/O Jamun Chaudhary R/V- Madhuban, P.S.- Madhuban, DistrictEast Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 70 litres of country made liquor.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and he has committed no offence. He has falsely been implicated in the present case due to high handedness of police. Petitioner has no concern with the alleged recovery or with the place of occurrence. The alleged seizure list is omnibus and vague.

Patna High Court CR. MISC. No.14124 of 2023(2) dt.26-04-2023 2/2 Moreover, the petitioner languishing in judicial custody since 4.1.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period under custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court NO. II, East Champaran in connection with Excise P.S. Case No. 30 of 2023.

(Sunil Kumar Panwar, J) Nirajkrs/- U T