Patna High CourtCR. MISC./48908/2023bail granted

Brij Chaudhary v. The State Of Bihar

2023-08-04Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48908 of 2023 Arising Out of PS. Case No.-130 Year-2023 Thana- JOGAPATTI District- West Champaran ====================================================== Brij Chaudhary Son Of Bikram Chaudhari Resident Of Village - Patarkha, P.S. -MANUAPUL, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-08-2023 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 Yogapatti P.S. Case No. 130 of 2023 dated 06.04.2023 registered for the offences punishable u/ss 272 and 273 of the IPC and section 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 60 litres of country made liquor was recovered from an Apache motorcycle.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.48908 of 2023(2) dt.04-08-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the driver of the said vehicle. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has four other criminal cases and he is on bail in all the said cases as stated in para 3 of the bail petition. The petitioner is in custody since 07.04.2023.

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, Bettiah, West Champaran in connection with Yogapatti P.S. Case No. 130 of 2023.

8. The application stands allowed.

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