Patna High CourtCR. MISC./66383/2023bail granted

Suresh Chaudhary v. The State Of Bihar

2023-10-18Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66383 of 2023 Arising Out of PS. Case No.-660 Year-2020 Thana- SUGAULI District- East Champaran ====================================================== SURESH CHAUDHARY S/O LATE BINDESHWARI CHAUDHARY R/O VILLAGE- NAUWADIH, WARD NO. 3, PS. SUGAULI, DIST. EAST CHAMPARAN, MOTIHARI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brajesh Kumar Singh, Advocate.

For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-10-2023 Heard Mr. Brajesh Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Sanjay Kumar Pandey, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Sugauli P.S. Case No. 660 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Allegation is of recovery of 5 litres of country made liquor from the courtyard of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been implicated in the case at the instance of his enemy. Nothing has been recovered from conscious physical possession

Patna High Court CR. MISC. No.66383 of 2023(2) dt.18-10-2023 2/2 of the petitioner. He has no concern with the seized liquor nor manufacturing or smuggling of the illicit liquor. The place of recovery is a common place which is easily accessible to anyone. He 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. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court No.1, Civil Court, East Champaran, Motihari in connection with Sugauli P.S. Case No. 660 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) mantreshwar/- U T