Subham Kumar Chaudhari @ Shubham Kumar Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57318 of 2019 Arising Out of PS. Case No.-367 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== SUBHAM KUMAR CHAUDHARI @ SHUBHAM KUMAR CHAUDHARI, aged about 24 years, Male, Son of Raghunath Chaudhari, Resident of Village - B.S.L.M.H.Q. No- 09 Street- 13, P.S.- Marafadi, District - Bokaro, Jharkhand.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Vinod Kumar, Advocate.

For the Opposite Party :

Mr.Khurshid Anwar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 22.5 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 26.06.2019. The petitioner has got no criminal antecedent. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the

Patna High Court CR. MISC. No.57318 of 2019(2) dt.11-09-2019 2/2 witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 22.5 liters wine is recovered from the vehicle in question. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Gaya, in connection with Excise Case No. 367 of 2019.

(Sudhir Singh, J) U.K./- U T