Patna High CourtCR. MISC./66915/2023bail rejected

Pappu Choudhary v. The State Of Bihar

2023-10-17Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66915 of 2023 Arising Out of PS. Case No.-73 Year-2023 Thana- DARIYAPUR District- Saran ====================================================== Pappu Choudhary, S/o Satya Narayan Choudhary, Resident of Dariyapur Bazar, PS- Dighwara, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harish Kumar, Advocate For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Dariyapur P.S. Case no. 73 of 2023, in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on a secret information having been received a raid was conducted. While three accused persons managed to escape which included the petitioner herein, on search 70 litres of liquor was recovered.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case because of his antecedent. No incriminating article has been recovered from his conscious possession. The house in question is a joint family house. The petitioner is in custody since

Patna High Court CR. MISC. No.66915 of 2023(2) dt.17-10-2023 2/2 16.6.2023.

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

6. Having heard learned counsel for the parties and taking into consideration the allegation in the FIR of recovery of 70 litres of liquor form the house of the petitioner together with the petitioner having an antecedent under the Bihar Prohibition and Excise Act, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Liberty is granted to the petitioner to renew his prayer for bail on completing one year in custody. (Partha Sarthy, J) avinash/- U T