Suresh Choudhary @ Suro Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72379 of 2023 Arising Out of PS. Case No.-500 Year-2023 Thana- NATHNAGAR District- Bhagalpur ====================================================== Suresh Choudhary @ Suro Choudhary Son Of Late Chotelal Choudhary R/O Village- Mohammadpur, P.S.- Madhusudanpur, District- Bhagalpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Syed Masleh Uddin Ashraf For the Opposite Party/s :
Mr.Indu Kumari Srivastava ====================================================== 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 Sections 30(a) and 37 of the Bihar Prohibition and Excise Act.
3. As per prosecution case, there has been recovery of 5 liters of illegal country-made 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 no incriminating article has been recovered from the conscious possession of the petitioner and the alleged recovery has been
Patna High Court CR. MISC. No.72379 of 2023(2) dt.09-11-2023 2/2 made from a joint family house 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 18.06.2023.
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 Excise Judge-II, Bhagalpur in connection with Nathnagar P.S. Case No. 500 of 2023. (Sunil Kumar Panwar, J) Arish/- U T