Guddu Kumar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25898 of 2024 Arising Out of PS. Case No.-42 Year-2024 Thana- Excise P.S. District- Bhojpur ====================================================== Guddu Kumar Chaudhary Son Of Narad Chaudhary @ Narad Choudhari Resident Of Village- Jan Tola, Ps- Rivilganj, Dist- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amarendra Kumar, Advocate For the State :
Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State. Excise,, 2.
The petitioner seeks bail in connection with Excise PS Case No. 42 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.
The prosecution case, in short, is that 864 liters liquor was recovered from tractor and petitioner was arrested on the spot.
4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is
Patna High Court CR. MISC. No.25898 of 2024(2) dt.04-04-2024 2/2 in custody since 25-02-2024 and has got no criminal antecedents. There is no compliance of Section 100 of Cr.P.C. 5.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.
Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7.
Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise PS Case No. 42 of 2024.
(Rudra Prakash Mishra, J) Raj Kishore/- U T