Dheeraj Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54497 of 2023 Arising Out of PS. Case No.-138 Year-2023 Thana- SAMSTIPUR RAIL P.S DistrictSamastipur ====================================================== Dheeraj Choudhary S/O - Deendayal Choudhary@Dindayal Village-Pohar, P.O-Ishagardh, P.S. - Shipari Bazar, Dist-Jhansi (U. P) ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anant Kumar Mishra For the Opposite Party/s :
Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
Prosecution case relates to recovery of total 63 liters of Indian made foreign liquor from the four bags which were kept in the Drawer of the coach.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has no concern with the alleged recovery or with the bags from which liquor has been recovered. He is the employee of Indian
Patna High Court CR. MISC. No.54497 of 2023(2) dt.25-08-2023 2/2 Railways and being the coach attaindent he kept the said bags in the Almira on the request of some of the passengers. No any incriminating article has been recovered from his conscious possession. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 03.07.2023. Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise)-II, Samastipur in connection with Samastipur Rail P.S. Case No. 138 of 2023.
(Sunil Kumar Panwar, J) lata/- U T