Bijay Kumar Choudhary @ Bijay Kumar @ Vijay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29052 of 2023 Arising Out of PS. Case No.-331 Year-2022 Thana- BIHPUR District- Bhagalpur ====================================================== Bijay Kumar Choudhary @ Bijay Kumar @ Vijay Kumar Son Of Anil Kumar Choudhary @ Anil Choudhary Resident Of Village Auliyabad P.S Bihpur, (JHANDAPUR Op) , District Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s :
Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :
Mr. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 18-05-2023 1.
Heard learned counsel for the petitioner and the learned APP for the State.
2.
Petitioner seeks regular bail in connection with Bihpur (Jhandapur O.P.) P.S. Case No. 331 of 2022 dated 20.06.2022 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.
3.
The main submissions advanced by learned counsel for petitioner are that the instant matter relates to the recovery of 567 litres of country made foreign liquor from the house of this petitioner but in actual the said house, which is a hut, is in dilapidated condition and the same is easily accessible to everyone and the alleged liquor was not recovered from the conscious possession of this petitioner and he has been languishing in jail since 22.03.2023 having fair and clean
Patna High Court CR. MISC. No.29052 of 2023(2) dt.18-05-2023 2/2 antecedent and the alleged liquor was recovered in the presence of two police personnel who have been made the witnesses of the alleged seizure and against him, the investigation has been completed.
4.
Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
5.
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 and also the completion of investigation against the petitioner, I deem it fit and proper to admit the petitioner to the privilege of bail.
6.
Accordingly, let the petitioner named-above be enlarged on bail in connection with Bihpur (Jhandapur O.P.) P.S. Case No. 331 of 2022 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.
(Shailendra Singh, J) Shahnawaz/- U T