Patna High CourtCR. MISC./37810/2023bail granted

Sanjay Chaudhary @ Sanjay Chaudhari v. The State Of Bihar

2023-06-28Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37810 of 2023 Arising Out of PS. Case No.-286 Year-2023 Thana- BODHGAYA District- Gaya ====================================================== Sanjay Chaudhary @ Sanjay Chaudhari, Son Of Pradeep Chaudhary, Village Beladih, Ps- Bodh Gaya (CHERKI), District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-06-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Bodh Gaya (Cherki) P.S. Case No. 286 of 2023 dated 24.03.2023 registered for the offences punishable u/s 30 (a) of the Bihar Prohibition and Excise Act. As per the prosecution case, the petitioner was apprehended with bicycle from which 20 litres of illicit mahua liquor was recovered.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.37810 of 2023(2) dt.28-06-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. He has further submitted that the alleged liquor was recovered from the bicycle which does not belong to the petitioner. Nothing has been recovered from the possession of the petitioner. The petitioner is accused in one criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 24.03.2023.

Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner. 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, Gaya in connection with Bodh Gaya (Cherki) P.S. Case No. 286 of 2023.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T