Laxman Chaudhary @ Lakshman Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35763 of 2024 Arising Out of PS. Case No.-80 Year-2024 Thana- THAWE District- Gopalganj ====================================================== 1.

Laxman Chaudhary @ Lakshman Choudhary S/o Late Ratan Chaudhary R/o Kabilaspur, P.S. - Thawe, Distt. - Gopalganj 2.

Joni Devi W/o Laxman Chaudhary @ Lakshman Choudhary R/o Kabilaspur, P.S. - Thawe, Distt. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-05-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Thawe P.S. Case No. 80 of 2024 dated 21.03.2024 registered for the offences punishable under section 30(a) of the Indian Penal Code.

3. As per the prosecution case, 65 litres of country made liquor was recovered from the two gallons hidden by the petitioner no. 1 in a bush, 35 litres of country made liquor was recovered from a gallon kept on a motorcycle of the petitioner

Patna High Court CR. MISC. No.35763 of 2024(2) dt.09-05-2024 2/3 no. 1, 68 litres of illicit country made liquor was recovered from two gallons of the petitioner no. 2, 35 litres of country made liquor was recovered from a gallon hidden by co-accused in bush and 8 litres of illicit country made liquor was recovered from a sack in front of the house of the petitioner no. 1 (total 211 litres).

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the possession of the petitioners. The petitioner no. 1 has clean antecedent whereas the petitioner no.2 has one criminal antecedent in which he is on bail as stated in para 3 of the bail petition. The petitioners are in custody since 22.03.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of their custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Gopalganj, in connection with Thawe P.S. Case No. 80 of 2024.

Patna High Court CR. MISC. No.35763 of 2024(2) dt.09-05-2024 3/3

7. The application stands allowed.

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