Santosh Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53339 of 2024 Arising Out of PS. Case No.-211 Year-2024 Thana- Excise P.S. District- Rohtas ====================================================== Santosh Chaudhary Son of Late Kedar Chaudhary R/O Vill.- Sheopur, Ward no.9, P.s.- Nokha, Dist.- Rohtas at Sasaram.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raghunandan Kumar Singh For the Opposite Party/s :
Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Excise Case No. 478 of 2024 arising out of Excise P.S. Case 211/2024 dated 31.05.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 15 litres of illicit country-made liquor was recovered from the motorcycle.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not the owner of
Patna High Court CR. MISC. No.53339 of 2024(2) dt.24-07-2024 2/2 the said vehicle. The petitioner has no concern with the alleged recovery. The petitioner has two criminal antecedents and he is on bail in both the cases as stated in para 3 of the bail petition. The petitioner is in custody since 31.05.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. 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, Rohtas at Sasaram in connection with Excise Case No. 478 of 2024 arising out of Excise P.S. Case 211/2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T