Vijay Chaudhari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40409 of 2024 Arising Out of PS. Case No.-45 Year-2024 Thana- SHEIKHOPUR SARAI District- Sheikhpura ====================================================== Vijay Chaudhari S/O Babulal Chaudhry R/O Village-Panchi, P.S. Sheikhopur Sarai, Distt-Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Anjani Pd. Singh For the Opposite Party/s:
Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Sheikhopur Sarai P.S. Case No. 45 of 2024 lodged on 23.03.2024 under Section 272, 273, 34 of the I.P.C. and 30(a) and 30(c) of the Excise Act.
3. As per the prosecution case, F.I.R. has been lodged against nine named accused persons including the present petitioner from whom there is recovery of approx 30 litre of country made liquor.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel for the petitioner submits that nothing has been recovered from
Patna High Court CR. MISC. No.40409 of 2024(2) dt.30-05-2024 2/2 the possession of the petitioner rather it has been recovered from the room which do not belong to the petitioner. Counsel further submits that the criminal antecedent of the petitioner is clean. The petitioner is in custody since 03.04.2024.
5. Learned APP for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named by granted bail after framing of charge, if the charge is not framed yet and on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Sheikhpura in connection with Sheikhopur Sarai P.S. Case No. 45 of 2024 subject to the condition laid down under Section 437(3) of the Cr.P.C.
(Dr. Anshuman, J) sunnykr/- U