Satya Narayan Choudhary @ Basath Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58644 of 2022 Arising Out of PS. Case No.-228 Year-2022 Thana- NOKHA District- Rohtas ====================================================== Satya Narayan Choudhary @ Basath Choudhary Son of Ram Naresh Choudhary R/V- Parsan Tola, P.S- Nokha Dist- Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Babu Nandan Prasad, Advocate For the Opposite Party/s :

Mr.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Nokha P.S. Case No. 228 of 2022 registered for the offence under Section 30(a)(c) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 23.08.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there was recovery of 90 litres of illicit IMFL liquor/countrymade liquor. Learned counsel appearing on behalf of the petitioner submitted that recovery of alleged illicit liquor and utensils which alleged to be used for manufacturing activities of country made liquor were found in open place accessibly by general public

Patna High Court CR. MISC. No.58644 of 2022(2) dt.19-11-2022 2/2 having no connection with petitioner. It is further submitted that nothing incriminating surfaced during the course of investigation, which may connect petitioner with alleged manufacturing activities of country made liquor, who is a man of clean antecedent. It is also submitted that seizure list also appears doubtful being not supported by independent witnesses, rather by police personnels.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as recovery of illicit liquor was made from an open place in the background of doubtful seizure list, let the petitioner, above named, is directed to be released on bail in connection with Nokha P.S. Case No. 228 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court of Exclusive Special Excise Court No. 2-cum-Additional District and Sessions Judge, Rohtas at Sasaram/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T