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Patna High CourtCR. MISC./51526/2023bail granted

Hare Ram Choudhary v. The State Of Bihar

2023-08-19Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51526 of 2023 Arising Out of PS. Case No.-12 Year-2023 Thana- MAHNAR District- Vaishali ====================================================== HARE RAM CHOUDHARY Son of Sri Suresh Choudhary Resident of village - Karnauti, P.s. - Mahnar, Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pathak For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, 112.32 liter of foreign liquor had been recovered from the house of co-accused, Sanjeet Singh, who was apprehended on the spot and he disclosed the name of this petitioner as one of the escaped persons.

4. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. Petitioner has got clean antecedent.

Patna High Court CR. MISC. No.51526 of 2023(2) dt.19-08-2023 2/2

5. Learned counsel appearing for the State opposes the prayer for anticipatory bail.

6. Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-cum- Special Judge, Excise Act-II, Vaishali at Hajipur in connection with Mahnar PS case No.12/ 2023, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T