Chanarik Chaudhary @ Chandrik Chaudhari @ Chandarik Chaudhary @ Luchchu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76290 of 2024 Arising Out of PS. Case No.-238 Year-2024 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Chanarik Chaudhary @ Chandrik Chaudhari @ Chandarik Chaudhary @ Luchchu Chaudhary S/O Late Samo Chaudhary R/O VillageMakhdumpurdih, P.O. Makhdumpur, P.S. Makhdumpur, District , Jehanabad, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar, Advocate For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Makhdumpur Thana PS Case No. 238 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that 8 liters of country made liquor was recovered from the house of the petitioner.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.76290 of 2024(2) dt.24-10-2024 2/2 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that several persons are residing as jointness in the said house of the petitioner. The petitioner is in custody since 06-09-2024 and has got three criminal antecedents. There is no compliance of Section 100 of Cr.P.C.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Makhdumpur Thana PS Case No. 238 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T