Manoj Choudhary @ Manoj Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20331 of 2023 Arising Out of PS. Case No.-102 Year-2022 Thana- MADANPUR District- Aurangabad ====================================================== MANOJ CHOUDHARY @ MANOJ CHAUDHARI, aged about 37 years (Male), son of Late Prasad Choudhary, Village- Kathwar Tola Banglapar PSMadanpur Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aman Vishal, Advocate For the Opposite Party/s :

Mr.Mukesh Kumar Singh, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 10-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Madanpur P.S. Case No. 102 of 2022 dated 08.03.2022 registered for the offence(s) punishable under Section(s) 30(a) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 1638 litres of country made liquor and the same is stated to have been recovered from a tractor and petitioner has been made accused mainly on account of being the registered owner of the said tractor but he was not found being present on the said tractor when the recovery of the alleged wine

Patna High Court CR. MISC. No.20331 of 2023(2) dt.10-05-2023 2/2 was made, in actual the petitioner's tractor was being used for commercial purpose for transporting of building materials and regarding the smuggling of the alleged liqour petitioner had no knowledge and he has fair and clean antecedent and against him, the investigation has been completed.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly petitioner's fair and clean antecedent and completion of investigation against him, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail in connection with Madanpur P.S. Case No. 102 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Sanjay/- U T