Patna High CourtCR. MISC./38975/2024bail granted

Tuntun Chaudhary v. The State Of Bihar

2024-07-22Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38975 of 2024 Arising Out of PS. Case No.-128 Year-2024 Thana- NOKHA District- Rohtas ====================================================== Tuntun Chaudhary, aged about 28 years, Male, Son Of Radhe Mallah, Resident Of Village - Mobarakpur, P.S. - Mohania, District - Kaimur At Bhabhua.

... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Tribhuwan Narayan, Advocate For the Opposite Party :

Mr. Nitya Nand Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Nokha P.S. Case No. 128 of 2024 dated 09.04.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 100.44 litres of illicit foreign liquor was recovered from the tempo.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the driver of the said vehicle. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged

Patna High Court CR. MISC. No.38975 of 2024(3) dt.22-07-2024 2/2 recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.04.2024.

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

6. 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 Court concerned, Sasaram in connection with Nokha P.S. Case No. 128 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/amanU T