Patna High CourtCR. MISC./75717/2023allowed

Bhikhar Chaudhary v. The State Of Bihar

2023-11-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75717 of 2023 Arising Out of PS. Case No.-316 Year-2021 Thana- Excise P.S. District- Rohtas ====================================================== BHIKHAR CHAUDHARY Son of Sri Kanhaiya Chaudhary Resident of Village - Parsan Tola, Ward No.- 14, P.S.- Nokha, District - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Babu Nandan Prasad For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 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 70 liters of illegal country-made liquor near a Nala.

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. He submitted that the petitioner has no concern with the seized wine in question. He submitted that the name of the petitioner has come into light on the basis of disclosure by local villagers. No incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.75717 of 2023(2) dt.29-11-2023 2/2 possession of the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He has remanded in this case from another case on 27.06.2023 and since then he is languishing in judicial custody.

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 Exclusive Special Judge, Excise Court No. 1, Rohtas at Sasaram in connection with Excise P.S. Case No. 316 of 2021.

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