Arjun Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63841 of 2024 Arising Out of PS. Case No.-90 Year-2024 Thana- MOHANPUR District- Samastipur ====================================================== Arjun Chaudhari Son of Late Moti Chaudhary @ Late Motilal Chaudhary Resident of Village Dakshani Dumari Chhapra, P.S.- Mohanpur, DistrictSamastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Kumar, Adv.

For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mohanpur P.S. Case No. 90 of 2024 dated 20.07.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 16.125 litres of illicit foreign liquor was recovered from the General Store of the co-accused, Anshu Kumar.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The name of the petitioner has surfaced in this

Patna High Court CR. MISC. No.63841 of 2024(2) dt.09-09-2024 2/2 case on the confessional statement of the apprehended co-accused person. The petitioner has no concern with the alleged recovery. The petitioner has five criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 12.08.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Mohanpur P.S. Case No. 90 of 2024, with the condition:- (i) That the petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T