Patna High CourtCR. MISC./72147/2023allowed

Sanjay Chaudhary v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72147 of 2023 Arising Out of PS. Case No.-176 Year-2023 Thana- PANDAUL District- Madhubani ====================================================== Sanjay Chaudhary S/O- Ratilal Chaudhary @ Ratilal Chowdhary VillageHaripur Ps- Pandaul Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== 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 272, 273/34 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 205.5 liters of illegal Nepali liquor from a Tempo.

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 and he has no concern with the seized wine in question. He submitted that petitioner is the owner of the seized Tempo bearing Registration No. BR-32PA-2560. The provision of Section 100 of the Cr.P.C. has not been followed in this case,

Patna High Court CR. MISC. No.72147 of 2023(2) dt.09-11-2023 2/2 while preparing the seizure list. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 28.08.2023.

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 Additional Sessions Judge-II-cumSpl. Judge Excise Act, Madhubani in connection with Pandaul P.S. Case No. 176 of 2023.

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