Patna High CourtCR. MISC./43344/2024bail granted

Rajesh Chaudhary v. The State Of Bihar

2024-06-21Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43344 of 2024 Arising Out of PS. Case No.-88 Year-2024 Thana- DAUDPUR District- Saran ====================================================== Rajesh Chaudhary Son of Seo Lal Chaudhary Resident of Ganj Par, P.S.- Ekma, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-06-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Daudpur P.S. Case No. 88 of 2024 instituted for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 150 litres of liquor was recovered from motorcycle and petitioner was arrested on the spot.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.43344 of 2024(2) dt.21-06-2024 2/2 possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the motorcycle from which the alleged recovery has been made. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 23.04.2024 and has no criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Daudpur P.S. Case No. 88 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T