Dipendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32047 of 2023 Arising Out of PS. Case No.-33 Year-2023 Thana- SRINAGAR District- West Champaran ====================================================== Dipendra Chaudhary, S/O Late Amerika Chaudhary @ Amirka Chaudhary, R/O Kohda, P.S- Bhawanipur, Ward No.-10, Jogappati, West champaran, Bihar- 845438.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vishal Prasad, Advocate For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Srinagar P.S. Case No. 33 of 2023 dated 07.03.2023 registered for the offences punishable u/s 414 of the Indian Penal Code and u/s 30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, total 21.54 litres of illicit liquor with four motorcycles were recovered from the possession of the petitioner and the co-accused persons.

Patna High Court CR. MISC. No.32047 of 2023(2) dt.22-05-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.03.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bettiah, West Champaran in connection with Srinagar P.S. Case No. 33 of 2023.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T