Binod Choubey @ Vinod Choubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65292 of 2024 Arising Out of PS. Case No.-234 Year-2022 Thana- GOPALPUR District- Gopalganj ====================================================== Binod Choubey @ Vinod Choubey S/o Ramashankar Choubey R/o Bhopatpur, P.S. - Gopalpur, Dist. - Gopalganj, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Adarsh Ranjan, Adv.

For the Opposite Party/s :

Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Gopalpur P.S. Case No. 234 of 2022 lodged under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution case, the F.I.R. has been lodged against eight named accused persons including the present petitioner. The total recovery of 259.200 litre foreign liquor from a pick-up van, 129.600 litre foreign liquor from a Bolero vehicle and 17.000 litre desi wine from a motorcycle have been made, which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that the petitioner's case is related to the recovery of wine from a motorcycle. He further submits that the petitioner is not the owner of the vehicle, but his name has figured in this case by virtue of the confessional statement made by the

Patna High Court CR. MISC. No.65292 of 2024(2) dt.11-09-2024 2/2 apprehended accused persons, who have disclosed that accused Nishant Rai and Binod Choubey (petitioner) were sitting on the motorcycle.

5. Counsel for the petitioner further submits that petitioner is in custody since 20.08.2024 having clean antecedent.

6. Learned A.P.P. for the State opposes the prayer for bail and submits that the petitioner was sitting on the motorcycle.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District & Sessions Judge-IV-cum- Exclusive Spl. Excise Court-II, Gopalganj in connection with Gopalpur P.S. Case No. 234 of 2022, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T