Yogesh Kumar Choudhary @ Babu Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27210 of 2023 Arising Out of PS. Case No.-71 Year-2023 Thana- BAHERA District- Darbhanga ====================================================== Yogesh Kumar Choudhary @ Babu Choudhary, S/O Late Kailash Nath Choudhary Village- Habi Bhouar Ps- Bahera Dist- Darbhanga ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 440.64 litre of liquor from State Boring House. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on disclosure made by the local people, but then, F.I.R. does not disclose the name of the local people, who disclosed the name of the petitioner, which creates doubt with

Patna High Court CR. MISC. No.27210 of 2023(2) dt.16-05-2023 2/2 regard to the veracity of the allegation as alleged in the F.I.R. and even the alleged place of recovery does not belong to the petitioner.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise-II, Darbhanga in connection with Bahera P. S. Case No.71 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T