Bhola Chaudhary @ Vinod Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44573 of 2023 Arising Out of PS. Case No.-279 Year-2022 Thana- TILAUTHU District- Rohtas ====================================================== Bhola Chaudhary @ Vinod Chaudhary S/O Late Hira Lal Chaudhary R/O 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 28-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 45 liters of country made liquor from a sack near river.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that petitioner has no concern with the alleged recovery of illicit liquor and from where the recovery has been made, does not belong to the petitioner. It is also submitted that he was not apprehended on spot. Moreover, he is languishing in judicial

Patna High Court CR. MISC. No.44573 of 2023(2) dt.28-07-2023 2/2 custody since 26.05.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Tilouthu P.S. Case No. 279 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.2-cum-Additional District & Sessions Judge, Rohtas at Sasaram. (Sunil Kumar Panwar, J) Shubham/- U T