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Patna High CourtCR. MISC./46198/2023allowed

Bhola Chaudhary @ Vinod Chaudhary v. The State Of Bihar

2023-08-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46198 of 2023 Arising Out of PS. Case No.-3 Year-2023 Thana- TILAUTHU District- Rohtas ====================================================== BHOLA CHAUDHARY @ VINOD CHAUDHARY SON OF LATE HIRA LAL CHAUDHARY RESIDENT OF VILLAGE- UTTAR PATTI TILOUTHU, PS- TILOUTHU, DIST- ROHTAS AT SASARAM ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 45 liters of illegal country-made Mahua liquor near a Nala, west of Nidhi Convent School.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has not apprehended on spot. He submitted that the petitioner has no concern with the seized liquor and the place of occurrence does not belongs to the

Patna High Court CR. MISC. No.46198 of 2023(2) dt.04-08-2023 2/2 petitioner. No incriminating article has recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 24.04.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Tilauthu P.S. Case No. 3 of 2023.

(Sunil Kumar Panwar, J) arish/- U T