Sanjit Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20456 of 2024 Arising Out of PS. Case No.-7 Year-2024 Thana- ARER District- Madhubani ====================================================== 1.

Sanjit Chaudhary Son Of Ramashish Chaudhary Resident Of VillageJamuari, PS- Arer, Distt- Madhubani 2.

Dhrub Kumar Chaudhary Son Of Babu Chaudhary Resident Of VillageJamuari, PS- Arer, Distt- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in Arer P.S. Case No. 07 of 2024, instituted for the offences punishable under Sections 272, 273, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 243 liters liquor was recovered from two motorcycles and both the petitioners were apprehended on spot.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material have been recovered

Patna High Court CR. MISC. No.20456 of 2024(2) dt.18-03-2024 2/2 from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is further submitted that the petitioners are neither owner nor rider of any of the seized motorcycles. The petitioners are in custody since 15.01.2024. Petitioner No. 1 has got criminal antecedents in which the petitioner is on bail and Petitioner No. 2 has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

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

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Arer P.S. Case No. 07 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T