Patna High CourtCR. MISC./72393/2023allowed

Sanjay Chaudhary @ Sanjay Chaudhari v. The State Of Bihar

2023-11-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72393 of 2023 Arising Out of PS. Case No.-407 Year-2023 Thana- BARUN District- Aurangabad ====================================================== Sanjay Chaudhary @ Sanjay Chaudhari Son Of Mangar Chaudhary R/O Vill - Mohan Ganj, P.S. - Barun, Dist. - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rupa Kumari For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-11-2023 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 10 liters of illegal Mahua 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. Petitioner was not apprehended on spot. The name of the petitioner has come into light on the basis of disclosure by local Chaukidar, which has got no evidentiary value in the eyes of law. He submitted that the petitioner has no concern with the seized liquor. No incriminating article has been

Patna High Court CR. MISC. No.72393 of 2023(2) dt.09-11-2023 2/2 recovered from the conscious possession of the petitioner. The provision of Section 100 of the Cr.P.C. has not been followed in this case. He is languishing in judicial custody since 29.08.2023.

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 Special Judge, Excise Court-I, Aurangabad in connection with Barun P.S. Case No. 407 of 2023.

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