Budhan Chaudhary @ Budha Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76519 of 2023 Arising Out of PS. Case No.-221 Year-2023 Thana- SANDESH District- Bhojpur ====================================================== Budhan Chaudhary @ Budha Chaudhary S/O Bilat Chaudhary, Resident of Village and PS. Sandesh, Dist. Bhojpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 01-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Sandesh P.S. Case No. 221/2023 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. As per prosecution case, there is alleged recovery of total 75 liters country made liquor near the Sone river. It is alleged that the petitioner and others fled away from the place of occurrence and the local Chaukidar identified the petitioner and others who fled away from the place of occurrence.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to dirty local politics. Nothing has been recovered from

Patna High Court CR. MISC. No.76519 of 2023(2) dt.01-12-2023 2/3 the conscious possession of the petitioner. The petitioner is languishing in custody since 19.09.2023 and bears no criminal antecedent. He further submits that the petitioner is not apprehended on the spot and he has nothing to do with the alleged occurrence. He further submits that the petitioner was neither concerned with the seized liquor nor was involved in any business of illicit liquor. He further submits that the seizure list has not been prepared as per the law.

5. The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, period of custody, the petitioner is not apprehended on the spot, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.-II, Bhojpur, Ara in connection with Sandesh P.S. Case No. 221/2023, subject to following conditions:- (i) One of the bailors shall be either father or mother

Patna High Court CR. MISC. No.76519 of 2023(2) dt.01-12-2023 3/3 or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial Court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkumar/- U T