Patna High CourtCR. MISC./53394/2023bail granted

Tufan Chaudhary v. The State Of Bihar

2023-08-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53394 of 2023 Arising Out of PS. Case No.-330 Year-2023 Thana- RAJGIR District- Nalanda ====================================================== Tufan Chaudhary Son Of Late Raju Chaudhary Resident Of Village- Ramhari Pind Rajgir, Ps- Rajgir, Distt- Nalanda ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Prasad For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-08-2023 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 Rajgir P.S. Case No. 330 of 2023 dated 02.07.2023 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 118.5 litres of foreign liquor was recovered from the tempo.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.53394 of 2023(2) dt.25-08-2023 2/2 this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner was passenger of the tempo. The petitioner is accused in one more case as stated in para 3 of the bail petition. The petitioner is in custody since 07.07.2023.

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, Nalanda at Bihar Sharif in connection with Rajgir P.S. Case No. 330 of 2023.

8. The application stands allowed.

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