Patna High CourtCR. MISC./62760/2023bail granted

Sukesh Kumar Chaudhary @ Sukesh Kumar v. The State Of Bihar

2023-10-16Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62760 of 2023 Arising Out of PS. Case No.-263 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== SUKESH KUMAR CHAUDHARY @ SUKESH KUMAR S/o RAM BALAK CHAUDHARY R/o vill - Daulatpur Dewariya, P.S. - Hazipur Sadar, Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar Singh, Advocate.

For the Opposite Party/s :

Mrs.Sangeeta Sharma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-10-2023 Heard Mr. Deepak Kumar Singh, learned counsel appearing on behalf of the petitioner and Mrs. Sangeeta Sharma, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Hazipur Sadar P.S. Case No. 263 of 2023 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 354, 337, 338, 353 and 307 of the Indian Penal Code and Sections 30(a) and 45 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Allegation is of recovery of 50 litres of country made liquor from the house of co-accused Raj Kumar Choudhary and Sudha Devi.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.62760 of 2023(2) dt.16-10-2023 2/2 petitioner submits that the petitioner is innocent and he has falsely been implicated in the case. The allegation levelled against the petitioner is not specific rather general and omnibus. Nothing has been recovered from the conscious physical possession of the petitioner. Petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Twenty Five thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Court No.1 cum Additional District and Sessions Judge, Vaishali at Hazipur in connection with Hajipur Sadar P.S. Case No. 263 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) mantreshwar/- U T