Balmiki Choudhary @ Balmiki Kumar Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73957 of 2024 Arising Out of PS. Case No.-26 Year-2024 Thana- BACHHWARA District- Begusarai ====================================================== Balmiki Choudhary @ Balmiki Kumar Choudhary S/o Jayram Choudhary R/o Village - Fateha, P.S- Bachhwara, District -Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s :
Mr. Dinesh Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-10-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offences punishable under Sections 30(a), 32(2) and 41 of the Bihar Prohibition and Excise Act, 2022.
3. Learned counsel for the petitioner submits that petitioner has antecedent of four cases and is in custody since 26.07.2024 and allegation is of recovery of 6307.200 litres of liquor from a truck.
4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized truck and he came to be implicated at the instance of the Chawkidar with whom petitioner is on an inimical term. It is further submitted that if Chawkidar was aware of the
Patna High Court CR. MISC. No.73957 of 2024(2) dt.18-10-2024 2/2 involvement of the petitioner in the occurrence from before then why he did not inform the police prior to institution of the instant FIR which casts an aspersion on the case of the prosecution. It is next submitted that once an accused is implicated in a case relating to excise the police start implicating mechanically.
5. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.
6. Considering the submission, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bachhwara P.S. Case No. 26 of 2024.
(Satyavrat Verma, J) Kundan/- U T