Patna High CourtCR. MISC./59623/2023allowed

Rohit Chaudhary v. The State Of Bihar

2023-09-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59623 of 2023 Arising Out of PS. Case No.-217 Year-2021 Thana- DEHRI TOWN District- Rohtas ====================================================== Rohit Chaudhary S/O Rajbansh Chaudhary R/O Village- Babhani Jangal Mahal, P.S- Kargahar, Distt.- Rohtas At Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chhote Lal Mishra For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023 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 section 30(a) of the Bihar Prohibition and Excise Act.

3. As per FIR, prosecution case relates to recovery of total 420 liters of illicit liquor from two different four vehicles and the petitioner is alleged to have indulged in trade of illicit 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 on the basis of secret information. Petitioner has no concern with the alleged recovery of illicit liquor or with

Patna High Court CR. MISC. No.59623 of 2023(2) dt.08-09-2023 2/2 vehicles in question. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 18.6.2023.

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 period 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 Dehri (Town) P.S. Case No. 217 of 2021 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-I, Rohtas at Sasaram.

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