Ajay Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34901 of 2023 Arising Out of PS. Case No.-67 Year-2023 Thana- NALANDA District- Nalanda ====================================================== AJAY CHAUDHARY son of Late Hema Chaudhary @ Late Hemi Chaudhary @ Late Hemchand Chaudhary Village- Mirchaiganj Ps- Nalanda DistNalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar No.1 For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-05-2023 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 Nalanda P.S Case No 67 of 2023 dated 05.03.2023 registered for the offences punishable u/s 30 (a) of the Bihar Prohibition and Excise Act. As per the prosecution case, total 7 liters of illicit

Patna High Court CR. MISC. No.34901 of 2023(2) dt.25-05-2023 2/3 liquor was recovered near the bank of a Pain near Mokrampur village.

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 is accused in 7 other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 21.04.2023.

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 Ivth Additional District and Session Judge Cum Special Judge Excise, Second, Nalanda in connection with Nalanda P.S. Case No 67 of 2023 with the following conditions:-

(1) The petitioner is directed to remain phycially present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

Patna High Court CR. MISC. No.34901 of 2023(2) dt.25-05-2023 3/3 The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/ Kaushik U T