Patna High CourtCR. MISC./54338/2023bail granted

Manoj Chaudhary v. The State Of Bihar

2023-08-25Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54338 of 2023 Arising Out of PS. Case No.-26 Year-2023 Thana- ANTI District- Gaya ====================================================== MANOJ CHAUDHARY S/o Lakhandeo Chaudhary @ Lakhan Chaudhary Resident of Village-Barai, P.S.-Aati (Anti), Dist-Gaya, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr. Madan Kumar, APP I/c ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-08-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Aati (Anti) P.S. Case No. 26 of 2023 registered for the offence under Sections 30(a)(c)(d) of Bihar Prohibition and Excise Act, 2016 and under Section 272 and 273 of the Indian Penal Code.

4. As per the prosecution case, 08 liters of Mahua liquor and one LPG gas cylinder, one gas chulha and other articles were recovered from the possession of the petitioner.

5. Learned counsel for the petitioner submits that the petitioner is innocent and nothing has been recovered from his possession and he has falsely been implicated in this case due to the enmity with Chaukidar.

Patna High Court CR. MISC. No.54338 of 2023(2) dt.25-08-2023 2/2

6. Learned counsel for the petitioner also submits that the petitioner is in custody since 30.06.2023.

7. Learned A.P.P. has vehemently opposed the prayer for bail.

8. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

9. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Learned Additional Sessions Judge-cum-Exclusive Sepcial Excise Judge, Court No. 2, Gaya in connection with Aati (Anti) P.S. Case No. 26 of 2023.

10. The petitioner will visit Aati (Anti) Police Station on the first Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

(Sandeep Kumar, J) Vikas/- U T