Patna High CourtCR. MISC./38783/2024bail granted

Suresh Chaudhary v. The State Of Bihar

2024-05-27Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38783 of 2024 Arising Out of PS. Case No.-450 Year-2024 Thana- Excise P.S. District- Gaya ====================================================== Suresh Chaudhary son of Late Mahavir Chaudhary Village- Bhadeji PsMuffasil Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar, Advocate For the Opposite Party/s :

Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Excise P.S. Case No.450 of 2024 lodged under Sections 30(a) and 32(3) of Bihar Prohibition and Excise Amendment Act, 2018.

3. As per the prosecution case, the F.I.R. has been lodged against two unknown accused persons along with the owner of the vehicle against whom there is recovery of 60 liter wine which is subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that nothing incriminating has been recovered from petitioner's possession and he has been falsely implicated in this case.

Patna High Court CR. MISC. No.38783 of 2024(2) dt.27-05-2024 2/2

5. Counsel submits that the petitioner is relating only for 50 liter of wine.

6. Counsel for the petitioner submits that petitioner is in custody since 13.04.2024 having clean antecedent.

7. Learned counsel for the State opposes the prayer for bail.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, but only after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court No.03, Gaya in connection with Excise P.S. Case No.450 of 2024, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T