Mahendra Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48651 of 2023 Arising Out of PS. Case No.-436 Year-2023 Thana- FATEHPUR District- Gaya ====================================================== MAHENDRA CHAUDHARY S/O KULESHWAR CHAUDHARY R/O VILLAGE- BARA, PS. FATEHPUR, DIST. GAYA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-08-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State
2. The petitioner seeks bail in connection with Fatehpur P.S. Case No. 436 of 2023 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The accused/petitioner is named in the F.I.R. and is in custody since 18.06.2023.
4. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 40 litres of IMFL/country made liquor.
5. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.48651 of 2023(2) dt.09-08-2023 2/3 petitioner submitted that recovery of illicit liquor was made from the motorcycle. It is submitted that petitioner is neither the owner nor connected in any manner with the alleged motorcycle and as such it can be safely said that recovery of illicit liquor was not made from the conscious physical possession of the petitioner. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, chargesheet has been submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP appearing on behalf of State, opposes the prayer of bail.
7. Considering the facts and circumstances as mentioned above as recovery of alleged illicit liquor not appears to be made from the conscious physical possession of the petitioner, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 18.06.2023, accordingly, above named petitioner is directed to be released on bail in connection with Fatehpur P.S. Case No. 436 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1,
Patna High Court CR. MISC. No.48651 of 2023(2) dt.09-08-2023 3/3 Gaya/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.
(Chandra Shekhar Jha, J) S.Tripathi/- U T