Surendar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59557 of 2021 Arising Out of PS. Case No.-95 Year-2021 Thana- FATEHPUR District- Gaya ====================================================== SURENDAR CHOUDHARY S/o SHIVDANI CHOUDHARY R/o VILLAGE-GAFA, P.S-BODH GAYA, DISTRICT-GAYA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Syed Asgher Najmi, Advocate For the Opposite Party/s :

Mr.Arvind Kumar Pandey(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-03-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Fatehpur P.S. Case No. 95 of 2021 for the offence registered under Section 30(a) of the Bihar Prohibition of Excise Act. The allegation is regarding recovery of 50 litres of illicit liquor from the motorcycle of the petitioner. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 28.03.2021. Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel

Patna High Court CR. MISC. No.59557 of 2021(2) dt.29-03-2022 2/2 for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Gaya in connection with Bodh Gaya P.S. Case No. 95 of 2021. (Mohit Kumar Shah, J) S.Sb/- U T