Rakesh Choudhary @ Rakesh Chaudhari @ Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17224 of 2022 Arising Out of PS. Case No.-108 Year-2019 Thana- NATIONAL HIGHWAY DistrictSamastipur ====================================================== RAKESH CHOUDHARY @ RAKESH CHAUDHARI @ RAKESH KUMAR S/O LATE SHANKAR CHOUDHARY R/o village- Kasweahar, P.S.- Tajpur, Distt.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Roy For the Opposite Party/s :

Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-05-2022 Heard the parties.

Petitioner seeks regular bail in connection with N.H. Bangra PS Case No. 108/2019 registered for the offence punishable under Sections 272/273 of the IPC and under Section 30(a)/41(i) of Bihar Prohibition & Excise Act. The prosecution case in brief is that the police on the basis of confidential information that one Pradeep Choudhary of village Rahimabad, Baheliya Tola is indulged in selling liquor proceeded towards the place of occurrence and upon seeing the police party two persons managed to flee away. The police recovered 128 litres of foreign liquor from the house of the said Pradeep Choudhary.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case on the basis of disclosure of his name by co-accused, Pradeep Choudhary who has been granted bail by a Bench of this Court vide Cr. Misc.

Patna High Court CR. MISC. No.17224 of 2022(2) dt.26-05-2022 2/2 No. 38206/2020 (Annexure-2). He further submits that no illicit liquor has been recovered from the conscious possession of the petitioner or from the premises belonging to him. He is in custody since 05.07.2021 and the charge-sheet in the matter has been submitted.

Having regards to the submissions made by the parties and taking into consideration the material on record and the fact that the accused person from whose house recovery was made, has been granted bail by a Bench of this Court, the petitioner is in custody since 05.07.2021 and the charge-sheet in the matter has been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No.1, Samastipur in connection with N.H. Bangra PS Case No. 108/2019.

(Anil Kumar Sinha, J) perwez U T