Seth Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78788 of 2024 Arising Out of PS. Case No.-30 Year-2024 Thana- PIPRAKOTHI District- East Champaran ====================================================== Seth Choudhary S/o- Munilal Choudhary @ Munilal Choudhary Resident of village- Hathiyahi Hathiyahi PS- Pipra Kothi District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shanti Bhushan Singh, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Pipra Kothi P.S. Case No. 30 of 2024 instituted for the offences under Sections 272, 273, 308, 34 and 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that 53.200 litres of country made liquor was recovered from the motorcycle. 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 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that The name of the petitioner has transpired as being owner of

Patna High Court CR. MISC. No.78788 of 2024(2) dt.12-11-2024 2/2 the motorcycle in question. The petitioner is in custody since 14.09.2024 and has got two criminal antecedents in which he is on bail. There is no compliance of Section 103 of B.N.S.S 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) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pipra Kothi PS Case No. 30 of 2024.

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