Patna High CourtCR. MISC./74617/2022allowed

Umesh Kumar Chaudhary @ Umesh Kumar @ Umesh Chaudhary v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74617 of 2022 Arising Out of PS. Case No.-985 Year-2022 Thana- ARA NAGAR District- Bhojpur ====================================================== Umesh Kumar Chaudhary @ Umesh Kumar @ Umesh Chaudhary S/O Late Badri Narayan Chaudhary R/V- Baghawatpur, P.S.- Arrah Town, DistrictBhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Prasad Singh For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== 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 regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 50 liters country made liquor from outside of petitioner's house. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been made accused in this present case on the basis of suspicion. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Petitioner has no concern with the alleged recovery of illicit

Patna High Court CR. MISC. No.74617 of 2022(2) dt.13-01-2023 2/2 liquor or with the place of occurrence. Nothing incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 26.11.2022. Learned APP appearing for the State has vehemently 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 released on bail in connection with Ara Town P.S. Case No. 985 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court No.1, Bhojpur at Ara.

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