Karu Chaudhary @ Anand Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49163 of 2023 Arising Out of PS. Case No.-431 Year-2023 Thana- FATEHPUR District- Gaya ====================================================== Karu Chaudhary @ Anand Chaudhari S/O Late Mahesh Chaudhary @ Naresh Chaudhary R/O Village- Gopalkera, P.S- Fatehpur, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 60 litres of illicit liquor from a motorcycle driven by the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The

Patna High Court CR. MISC. No.49163 of 2023(2) dt.11-08-2023 2/2 petitioner has no concern either with the seized motorcycle or the illicit liquor. The petitioner is languishing in custody since 15.06.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Gaya in connection with Fatehpur P.S. Case No. 431 of 2023.

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