Sachin Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47820 of 2022 Arising Out of PS. Case No.-217 Year-2022 Thana- PIRPAINTI District- Bhagalpur ====================================================== Sachin Kumar Choudhary Son of Billo Chaudhary, Resident of Village - Kajipura, Kahalgaon, P.s.- Kahalgaon, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ambuj Nayan Chaubey, Adv.

For the Opposite Party/s :

Mr. Parmanand Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Pirpainti P.S. Case No. 217 of 2022, lodged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per prosecution case, the total recovery of 119 liters of country made liquor is the subject matter relating to the present case.

Learned counsel for the petitioner submits that alleged recovery was not made from the conscious possession of petitioner rather it was alleged to be recovered from a motorcycle. He further submits that antecedent of petitioner is

Patna High Court CR. MISC. No.47820 of 2022(2) dt.11-11-2022 2/2 clean and he is in custody since 11.07.2022. He also submits that there is a gross violation of provision laid down under Section 100 of Cr.P.C. in preparing the seizure list. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Exclusive Excise Court No.2, Bhagalpur in connection with Pirpainti P.S. Case No. 217 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T