Patna High CourtCR. MISC./63424/2024bail granted

Mithun Chaudhary v. The State Of Bihar

2024-09-04Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63424 of 2024 Arising Out of PS. Case No.-346 Year-2023 Thana- BARH District- Patna ====================================================== Mithun Chaudhary Son of Chandi Chuaudhary @ Vaihru Choudhary @ Dandi Chaudhary R/o Village- Aguanpur, P.S.- Barh, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Barh P.S. Case No. 346 of 2023 dated 05.06.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 10 litres of illicit country made liquor and liquor making apparatus were recovered from the two rooms of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner was disclosed by local people. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.63424 of 2024(2) dt.04-09-2024 2/2 possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has seven criminal antecedents in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 21.07.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Barh, Patna in connection with Barh P.S. Case No. 346 of 2023 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T