Patna High CourtCR. MISC./36029/2023bail granted

Ramjee Chaudhary v. The State Of Bihar

2023-06-08Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36029 of 2023 Arising Out of PS. Case No.-157 Year-2023 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.

Ramjee Chaudhary S/O Late Nanak Chaudhary @ Late Nanhak Chaudhary R/O Village. Belaur, Ps. Udwantnagar, Dist. Bhojpur 2.

Rahul Kumar Chaudhary S/O Shivji Chaudhary R/O Village. Belaur, Ps. Udwantnagar, Dist. Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar, Adv.

For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-06-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioners and learned A.P.P. for the State.

3. The petitioners seek regular bail in connection with Udwantnagar P.S. Case No. 157 of 2023 dated 03.04.2023, lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

4. As per the prosecution case, the total recovery of 65 litre illegal desi mahua wine has been made, which is the subject matter of the present case.

5. Learned counsel for the petitioners submit that

Patna High Court CR. MISC. No.36029 of 2023(2) dt.08-06-2023 2/2 from the seizure list, it transpires that the said recovery has been made outside the house of the petitioners near Bal Per. Counsel submits that the antecedents of the petitioners are clean and they are in custody since 04.04.2023 in which charge-sheet has already been filed.

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

7. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No. II, Bhojpur, Ara in connection with Udwantnagar P.S. Case No. 157 of 2023, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

8. With this observation, the bail application stands allowed.

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