Patna High CourtCR. MISC./37100/2021bail granted

Kailash Choudhary v. The State Of Bihar

2021-12-07Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37100 of 2021 Arising Out of PS. Case No.-26 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Khagaria ====================================================== Kailash Choudhary Son of Late Bideshi Choudhary Resident of Village - Chhoti Balha, Police Station - Mansi, District - Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrityunjay Kumar, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-12-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Excise Case No. 26 C3 of 2021 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. Learned counsel for the petitioner submits that the petitioner is in custody since 10.03.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that allegation is of recovery of 23 liters of liquor from backside of the house of the petitioner.

Learned counsel for the petitioner submits that the petitioner was not aware who kept the said liquor in the

Patna High Court CR. MISC. No.37100 of 2021(2) dt.07-12-2021 2/2 backside of the house as no prudent man would keep liquor in his own house.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 10.03.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Khagaria in connection with Excise Case No. 26 C3 of 2021 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T