Patna High CourtCR. MISC./69032/2023allowed

Santosh Choudhary @ Santosh Kumar v. The State Of Bihar

2023-11-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69032 of 2023 Arising Out of PS. Case No.-103 Year-2023 Thana- KISHANPUR District- Supaul ====================================================== SANTOSH CHOUDHARY @ SANTOSH KUMAR S/O LATE LAXMAN CHAUDHARY R/O VILLAGE- ANDAULI, WARD NO. 8, P.SKISHANPUR, DISTT.- SUPAUL. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. As per FIR, prosecution case relates to recovery of total 376 liters of illicit liquor from house of the petitioner. Coaccused Sanjay Chaudhary was apprehended on spot who stated the name of the petitioner as his associate.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case on the disclosure of co-accused Sanjay Choudhary

Patna High Court CR. MISC. No.69032 of 2023(2) dt.01-11-2023 2/2 who was apprehended on spot. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. he has no concern with the alleged recovery of illicit liquor. Neither he was arrested on spot nor any incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 8.9.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kishanpur P.S. Case No. 103 of 2023 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 Judge, Excise Court No.1, Supaul.

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