Vikesh Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28344 of 2024 Arising Out of PS. Case No.-306 Year-2024 Thana- Excise P.S. District- Purnia ====================================================== 1.

Vikesh Kumar Choudhary S/O Niru Lal Choudhary R/O Chatra Rampur, Ward No. 04, P.S- Dagarua, Distt.- Purnea.

2.

Santosh Choudhary S/O Suresh Choudhary R/O Chatra Rampur, Ward No. 04, P.S- Dagarua, Distt.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Fazle Karim, Advocate For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in Excise P.S. Case No. 306 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 110.625 liters liquor was recovered from motorcycle and both the petitioners were apprehended on spot.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material have been recovered from the conscious possession of the petitioners. The petitioners

Patna High Court CR. MISC. No.28344 of 2024(2) dt.18-04-2024 2/2 have got no concern with the alleged recovery of liquor. The petitioners are in custody since 17.03.2024 and have got onr criminal antecedent in which the petitioners are on bail. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise P.S. Case No. 306 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T