Patna High CourtCR. MISC./70054/2023allowed

Sanjeev Chaudhary @ Sanjeev Chodhary v. The State Of Bihar

2023-11-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70054 of 2023 Arising Out of PS. Case No.-386 Year-2022 Thana- BIRAUL District- Darbhanga ====================================================== SANJEEV CHAUDHARY @ SANJEEV CHODHARY son of Dinesh Chaudhary Village- Ladho Ps- Biraul Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kanchan Jha For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2023 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 Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 93.600 liters of illegal foreign liquor from the house of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern with the wine in question. He submitted that the as alleged house where the recovery has been made is joint house property of his family. No incriminating article has been

Patna High Court CR. MISC. No.70054 of 2023(2) dt.02-11-2023 2/2 recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 17.08.2023.

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 Exclusive Special Judge-II (Excise Act), Darbhanga in connection with Biraul P.S. Case No. 386 of 2022.

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