Prem Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18331 of 2023 Arising Out of PS. Case No.-123 Year-2020 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Prem Chaudhary Son Of Bharat Chaudhary R/O Village- Khanda Karwania, P.S.- Sasaram, Distrct- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishwa Ranjan Choudhary For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 105 litres of illicit country made liquor from a motorcycle.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is registered owner of the motorcycle but he has no concern with the illicit liquor. The motorcycle was

Patna High Court CR. MISC. No.18331 of 2023(2) dt.05-05-2023 2/2 locked in standing position at the place of occurrence. Nothing was seized from the motorcycle. The petitioner is languishing in custody since 23.01.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

The petitioner is directed to deposit a sum of Rs. 5,000/-(Rupees Five Thousands) in the District Legal Services Authority, Rohtas at Sasaram.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise-II-cum Additional District & Sessions Judge, Rohtas at Sasaram in connection with Sasaram (M) P.S. Case No. 123 of 2020.

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