Patna High CourtCR. MISC./48706/2023bail granted

Ganesh Choudhary v. The State Of Bihar

2023-08-08Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48706 of 2023 Arising Out of PS. Case No.-115 Year-2023 Thana- DEV District- Aurangabad ====================================================== GANESH CHOUDHARY, Son of Naresh Choudhary Resident of village - Ketaki Math, P.S. - Deo, Distt. - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Deo P.S. Case No. 115 of 2023/ G.R.No. 787/ 2023 dated 13.05.2023 registered for the offences punishable u/ss 30(a)(c) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, 220 kg of mahua flower, 44 litres of country made liquor and 60 kg of jawa mahua were recovered from the house of the petitioner.

Patna High Court CR. MISC. No.48706 of 2023(2) dt.08-08-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the recovery was made from the house is a joint property of the petitioner and the petitioner was not present at the time and place of occurrence. Nothing has been recovered from the possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 14.05.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Aurangabad (Bihar) in connection with Deo P.S. Case No. 115 of 2023/ G.R. No. 787/ 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T