Patna High CourtCR. MISC./49998/2023bail granted

Suraj Chaudhari v. The State Of Bihar

2023-08-19Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49998 of 2023 Arising Out of PS. Case No.-219 Year-2023 Thana- BHORE District- Gopalganj ====================================================== 1.

SURAJ CHAUDHARI Son of Lagan Chaudhari Resident of Village - Sai Baba Mandir Hathua More Chhath Ghaat ke Pas, P.s. - Mirganj, Distt. - Gopalganj, Permanent Address - Resident of vill - Dagsey, P.s. - Sahabaad, Distt. - Hathras (Uttar Pradesh) 2.

VIJAY KUMAR @ VIJAY RAWAT Son of Binod Rawat @ Vinod Rawat Resident of Village - Raajpur @ Rajapur, P.S. - Mirganj, Distt. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Setu Prateek For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-08-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.

2. The petitioners seek regular bail in connection with Bhore P.S. Case No. 219 of 2023, registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per prosecution, 162 litres of country made liquor has been recovered from the possession of the petitioners.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Petitioners have clean antecedent they are in custody since 16.05.2023.

Patna High Court CR. MISC. No.49998 of 2023(2) dt.19-08-2023 2/2

5. Learned APP has vehemently opposed the prayer for bail.

6. Considering the aforesaid fact and also considering the period of custody, this application is allowed.

7. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Session Judge-II-cum-Special Judge, Excise Court-1, Gopalganj in connection with Bhore P.S. Case No. 219 of 2023.

8. This is also subject to the condition that the petitioners will mark their presence in Mirganj Police Station, District- Gopalganj on first Sunday of every month, failing which, his bail bonds shall be cancelled by the court below. (Sandeep Kumar, J) Ranjeet/- U T