Patna High CourtCR. MISC./65745/2023allowed

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

2023-10-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65745 of 2023 Arising Out of PS. Case No.-148 Year-2023 Thana- BACHHWARA District- Begusarai ====================================================== Santosh Chaudhary @ Santosh Kumar Chaudhary S/O Shyam Babu Chaudhary Village- Mahamdipur, Ps- Mohiuddinagar, Dist- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anshu Dhar Sharma For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 30(a), 32 and 41 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 2698.92 liters of IMFL from a Pick-up Van.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has not been apprehended on spot. He submitted that the petitioner has no concern either with the seized vehicle or with the wine in question. On the basis of suspicion, petitioner has been implicated in the present case. No incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.65745 of 2023(2) dt.17-10-2023 2/2 possession of the petitioner. He is languishing in judicial custody since 22.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Bachhwara P.S. Case No. 148 of 2023.

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