Patna High CourtCR. MISC./61131/2023allowed

Sunil Choudhary v. The State Of Bihar

2023-09-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61131 of 2023 Arising Out of PS. Case No.-1103 Year-2023 Thana- PHULWARISHARIF District- Patna ====================================================== Sunil Choudhary S/O Jawahar Choudhary R/O Village- Shiv Mandir Menpura, P.S- Danapur, Distt.- Patna. At Present Motichok, P.S- Khagaul, Distt.- Patna.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ajay Kr Singh No.1 For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 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), 37 of the Bihar Prohibition and Excise Act.

3. As per FIR, prosecution case relates to recovery of 50 liters of India Made Foreign liquor from e-rickshaw bearing reg. no. BR01SV-8959 and the petitioner was apprehended on spot.

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. He has got no criminal antecedent. The petitioner

Patna High Court CR. MISC. No.61131 of 2023(2) dt.15-09-2023 2/2 is driver of the vehicle in question but he has no concern with the alleged recovery of illicit liquor. No any incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 1.8.2023.

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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Phulwarisharif P.S. Case No. 1103 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Spl Judge-Excise, Patna.

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