Babloo Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52963 of 2023 Arising Out of PS. Case No.-229 Year-2023 Thana- WAJIRGANJ District- Gaya ====================================================== Babloo Choudhary, S/O Krishna Choudhary R/O Village- Jamuawan, P.S- Wazirganj, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-08-2023 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 Wazirganj P.S. Case No. 229 of 2023 dated 25.04.2023 registered for the offences punishable u/ss 30(a), 37(ii) and 45 of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, on secret information, some persons were consuming liquor. When police raided the place then they tried to flee away but two of them were apprehended and disclosed their name as Ajeet Kumar and Devgan Rajwanshi. On search, 14 litres of illicit mahua liquor

Patna High Court CR. MISC. No.52963 of 2023(2) dt.24-08-2023 2/2 was recovered from the spot.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner was disclosed in this case only on the disclosure of the apprehended persons. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in four other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 03.07.2023.

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, Gaya in connection with Wazirganj P.S. Case No. 229 of 2023.

8. The application stands allowed.

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