Rahul Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42999 of 2024 Arising Out of PS. Case No.-402 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== 1.

Rahul Chouhan, aged about 25 years, Male, S/o Charitar Chouhan @ Chalitar Chouhan, R/o vill - Ratanua, P.S. - Kutumba, Distt. - Aurangabad (Bihar).

2.

Ravindra Kumar Yadav @ Ravindra Kumar, aged about 25 years, male, S/o Chhatu Yadav, R/o vill - Pichhulia, P.S. - Tandawa, Distt. - Aurangabad (Bihar).

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Birendra Singh, Advocate For the Opposite Party :

Mr. Manoj Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-06-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Excise P.S. Case No. 402 of 2024 dated 03.05.2024. registered for the offence punishable u/ss 30(a), 32(3) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 328.32 litres of illicit country made liquor was recovered from the car.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.42999 of 2024(2) dt.25-06-2024 2/2 implicated in this case. Petitioners are said to be the driver and co-driver of the said vehicle. Nothing has been recovered from the possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 03.05.2024.

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

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Aurangabad, in connection with Excise P.S. Case No. 402 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/amanU T