Raja Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35757 of 2024 Arising Out of PS. Case No.-10 Year-2024 Thana- MORO District- Darbhanga ====================================================== Raja Choudhary S/O - Vinod Chaudhary R/O - Vill- Godhwara, P.S - Moro, Dist - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha, Advocate For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 10-06-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. Petitioner apprehends arrest in connection with Moro P.S. Case No. 10/2024 registered for the offence under Section 30(a) Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the instant case. Further submission is that the alleged recovery of illicit liquor does not belong to the petitioner and that the name of the petitioner has been implicated by one local chowkidar. Learned counsel further submits that nothing has been recovered from the conscious possession of the petitioner.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.35757 of 2024(2) dt.10-06-2024 2/2 criminal antecedent of the petitioner is not clean and there are four criminal cases pending against him in which he is on bail in three cases.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the criminal antecedent of the petitioner is not clean and this aspect may be taken into consideration while considering the bail application of the petitioner.

6. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the petitioner, above named is directed to be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Learned Exclusive Special Judge II (Excise Act), Darbhanga in connection with Moro P.S. Case No. 10/2024 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

(Arvind Singh Chandel , J) tusharika/- U T