Pathru Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41386 of 2023 Arising Out of PS. Case No.-419 Year-2022 Thana- BHELDI District- Saran ====================================================== Pathru Chaudhary S/O Late Dhanraj Chaudhary R/O Village- Ajayabganj, Ps. Bhagwan Bazar, Dist. Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jeetendra Narayan, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

2. The petitioner seeks bail in connection with Bheldi P.S. Case No. 419 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. The accused/petitioner is named in the F.I.R. and is in custody since 16.12.2022.

4. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 247.50 litres of IMFL/country made liquor from the alleged three-wheeler tempo bearing registration no. BR04PA0506.

5. Learned counsel appearing on behalf of the petitioner submitted that the alleged recovery of illicit liquor was made from three-wheeler tempo, which is a public carrier and, as such, it can

Patna High Court CR. MISC. No.41386 of 2023(2) dt.21-07-2023 2/2 be said safely that recovery was not made from physical possession of this petitioner. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP opposes the prayer of bail.

7. Considering the facts and circumstances as mentioned above, as alleged recovery of illicit liquor appears to be made from a public carrier coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 16.12.2022, accordingly, above named petitioner is directed to be released on bail in connection with Bheldi P.S. Case No. 419 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-IIcum- 1st Exclusive Special Judge, Excise, Saran at Chapra/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

(Chandra Shekhar Jha, J) pooja/- U T