Rajesh Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57799 of 2022 Arising Out of PS. Case No.-225 Year-2022 Thana- DINARA District- Rohtas ====================================================== 1.

Rajesh Choudhary, Son of Rameshwar Choduhary, Resident of villageShambhu Dihari, P.S- Dinara, District- Rohtas 2.

Mukesh Choudhary, Son of Dharikshan Choduhary Resident of villageShambhu Dihari, P.s- Dinara, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

In the present case, the petitioners seek bail in connection with Dinara P.S. Case No. 225 of 2022, registered for the alleged offence under Section 30 (a) of the Bihar Prohibition and Excise Act.

As per prosecution case, recovery of 54 liters of country made liquor was made from the petitioners, who were coming on a motorcycle.

The learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. Nothing incriminating has been recovered from their

Patna High Court CR. MISC. No.57799 of 2022(2) dt.25-11-2022 2/3 conscious possession. The petitioners have nothing to do with the allegedly recovered article. The charge sheet has been submitted in this case. The petitioners are in custody since 27.06.2022.

The learned APP opposes the prayer for bail.

Having regard to the facts and circumstances and submissions made hereinabove and considering the submission of charge sheet and period of custody of the petitioners, they are directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Court No.1, Rohtas at Sasaram, in connection with Dinara P.S. Case No.225 of 2022, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions :

(i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to

Patna High Court CR. MISC. No.57799 of 2022(2) dt.25-11-2022 3/3 be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T