Patna High CourtCR. MISC./56787/2024bail granted

Mithun Chaudhary v. The State Of Bihar

2024-08-02Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56787 of 2024 Arising Out of PS. Case No.-39 Year-2021 Thana- BARUN District- Aurangabad ====================================================== Mithun Chaudhary Son of Chhabbu Choudhary R/V- KESHAV MARKET, BHUYA TOLI, BARUN P.S.- BARUN, DISTT.- AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Singh For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-08-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Barun P.S. Case No. 39 of 2021 for the offences punishable under Section 30(a) of the Excise Act.

3. The allegation is regarding recovery of 485.470 liters of illicit liquor from a pick-up van and a tempo. It is further alleged that one co-accused person namely, Golu Kumar Singh was arrested at the spot and he is stated to have disclosed the of the petitioner to be his accomplice.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that nothing was recovered from possession of the petitioner. He has also submitted the

Patna High Court CR. MISC. No.56787 of 2024(2) dt.02-08-2024 2/2 petitioner is neither the owner nor the driver of the said vehicle. The petitioner is under custody since 26.06.2024.

5. On the other hand, the learned APP for the State has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-I, Aurangabad in connection with Barun P.S. Case No. 39 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) Nirmal/- U T