Patna High CourtCR. MISC./55052/2023allowed

Guddu Kumar Choudhary v. The State Of Bihar

2023-08-30Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55052 of 2023 Arising Out of PS. Case No.-462 Year-2023 Thana- BEUR District- Patna ====================================================== Guddu Kumar Choudhary Son Of Late Prabhu Nath Choudhary Resident Of Village Manjhauli P S Bidupur District Vaishali At Present Ias Colony, PsKhemnichak, P S Ram Krishna Nagar District Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a), 37 of the Bihar Prohibition and Excise Act.

3. As per FIR, prosecution case relates to recovery of total 237 liters illicit liquor from two different vehicles and the petitioner is said to be indulged in illegal trade of liquor.

4. 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 present case due to his criminal antecedents. Petitioner is neither owner of the vehicles in question nor he has concerned with the

Patna High Court CR. MISC. No.55052 of 2023(2) dt.30-08-2023 2/2 alleged recovery of liquor. No any incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 12.7.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Special Case No. 5575 of 2023 arising out of Beur P.S. Case No. 462 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Court, Patna.

(Sunil Kumar Panwar, J) Amandeep/- U T