Uttam Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51053 of 2021 Arising Out of PS. Case No.-214 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Madhubani ====================================================== Uttam Choudhary Son Of Mahabir Choudhary Resident Of Village - Isahpur Ward No.- 2, P.S.- Pandaul, Dist.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Jha- Advocate For the Opposite Party/s :

Dr. Mrityunjaya Kumar Gautam- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with G.O. Case No.214 of 2021, instituted for the offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The learned counsel for the petitioner submits that the petitioner is in custody since 19.07.2021, he is a person with clean antecedent and prosecution report has been submitted in the case.

Allegation is of recovery of 1863 litre of foreign liquor and the petitioner is alleged to have been unloading the liquor from the truck on the pick-up van.

The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.51053 of 2021(2) dt.17-12-2021 2/2 petitioner is a labourer and he has nothing to do with the truck or the vehicle on which the liquor was being loaded, being a labourer, he was asked to unload and without knowing that what was there in the truck, the petitioner was merely doing his work. The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody since 19.07.2021, he is a person with clean antecedent and prosecution report has been submitted in the case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with G.O. Case No.214 of 2021. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T