Manoj Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5337 of 2021 Arising Out of PS. Case No.-107 Year-2020 Thana- ISHAKCHAK District- Bhagalpur ====================================================== MANOJ KUMAR CHOUDHARY SON OF LATE JAGDISH CHOUDHARY RESIDENT OF ISHAKCHAK PASI TOLA , P.S.- ISHAKCHAK, DIST- BHAGALPUR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-06-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Ishakchak P.S. Case no. 107 of 2020 registered under section 30(a) and 38(d) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, 177.820 litres of liquor was recovered and the petitioner along with others were taken into custody.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the person or possession of the petitioner. The alleged recovery is from the

Patna High Court CR. MISC. No.5337 of 2021(3) dt.22-06-2021 2/2 house given on rent by the mother of the petitioner to coaccused Gama Chaudhary. The petitioner has no criminal antecedent and is in custody since 7.9.2020.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner not having any criminal antecedent, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Ishakchak P.S. Case no. 107 of 2020 on furnishing bail bond of Rs. 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Bhagalpur.

(Partha Sarthy, J) Spd/- U T