Patna High CourtCR. MISC./33633/2021bail granted

Barun Choudhary v. The State Of Bihar

2021-12-13Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33633 of 2021 Arising Out of PS. Case No.-203 Year-2021 Thana- BANKA District- Banka ====================================================== BARUN CHOUDHARY Son of Late Anant Choudhary @ Late Antu Choudhary Resident of Village -Bijaynagar (Bogariya), P.S. - Banka, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee, Adv.

For the Opposite Party/s :

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State, Sri Ajay Kumar Jha.

The petitioner seeks regular bail in connection with Banka P.S. Case No. 203/2021, registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation is regarding recovery of 78.6 liters of illicit country made liquor from a toto vehicle.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has

Patna High Court CR. MISC. No.33633 of 2021(2) dt.13-12-2021 2/3 been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 22.3.2021.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner has not been arrested from the spot, apart from the fact that he is languishing in custody since 22.3.2021, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Banka in connection with Special Excise Case No. 219/2021 (arising out of Banka PS Case No.

Patna High Court CR. MISC. No.33633 of 2021(2) dt.13-12-2021 3/3 203/2021).

(Mohit Kumar Shah, J) Ajay/- U T