Ashok Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68640 of 2022 Arising Out of PS. Case No.-113 Year-2022 Thana- TETERHAT District- Lakhisarai ====================================================== ASHOK CHAUDHARY S/o Late Sukhdeo Chaudhary @ Late Sukhadev Chaudhari R/v- Tetarhat, P.S.- Tetarhat, District- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar, Advocate For the Opposite Party/s :
Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Tetarhat PS case no. 113 of 2022 instituted for the offences punishable under Sections 30(a), 37 of Bihar Prohibition and Excise (Amendment) Act.
The allegation is regarding recovery of 10 liters of illicit liquor from the house of the petitioner. The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 27.10.2022. The learned counsel for the petitioner has further submitted that the petitioner is accused in one another case but he is on bail in the said case.
Patna High Court CR. MISC. No.68640 of 2022(2) dt.08-02-2023 2/2 Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and appropriate to admit the petitioner to the privilege of bail.
Accordingly, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Additional Sessions Judge V-cumExclusive Special Court-2, Excise Act, Lakhisarai in connection with Tetarhat PS case no. 113 of 2022.
(Mohit Kumar Shah, J) rinkee/- U T