Patna High CourtCR. MISC./72340/2022allowed

Santosh Choudhary @ Rudal Choudhary v. The State Of Bihar

2023-01-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72340 of 2022 Arising Out of PS. Case No.-769 Year-2022 Thana- SITAMARHI District- Sitamarhi ====================================================== Santosh Choudhary @ Rudal Choudhary Son Of Late Shivji Chaudhary R/VBasbariya Chauwk, Ward No. 2, Mehsaul O.P., P.S.- Sitamarhi, DistrictSitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 33.765 litres of illicit liquor from pond near the house of petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the

Patna High Court CR. MISC. No.72340 of 2022(2) dt.13-01-2023 2/2 alleged recovery or with the place of occurrence. No any incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 20.10.2022.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 Excise Court II, Sitamarhi in connection with Sitamarhi (Mehsaul) P.S. Case No. 769 of 2022.

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