Patna High CourtCR. MISC./31080/2024bail granted

Sanjay Kumar Chaudhary v. The State Of Bihar

2024-04-23Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31080 of 2024 Arising Out of PS. Case No.-73 Year-2024 Thana- HARSIDHI District- East Champaran ====================================================== Sanjay Kumar Chaudhary S/o Ramdyal Chaudhary @ Ramdyal Chaudhari R/o vill - Govindapur, P.S. - Harsidhi, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar with Mr. Hemant Ray, Advocates For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Harsidhi P.S. Case No. 73 of 2024 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 10 liters of illegal country-made liquor and 750 ml of foreign liquor from the shop of the petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner has no concern with the alleged recovery of liquor. No incriminating article has been recovered from the conscious possession of the petitioner. The provision of Section 100 of the

Patna High Court CR. MISC. No.31080 of 2024(2) dt.23-04-2024 2/2 Cr.P.C. has not been followed in this case. On the basis of suspicion, petitioner has been implicated in the present case. The petitioner is in custody since 17.02.2024 and has one criminal antecedent.

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

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

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Harsidhi P.S. Case No. 73 of 2024.

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