Patna High CourtCR. MISC./79612/2024bail granted

Sunny Kumar Chaudhary @ Sanny Kumar Chadhary v. The State Of Bihar

2024-11-13Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79612 of 2024 Arising Out of PS. Case No.-143 Year-2024 Thana- MANJHI District- Saran ====================================================== Sunny Kumar Chaudhary @ Sanny Kumar Chadhary S/O Bharat Chaudhari R/O Village- Tajpur, P.S- Manjhi, Distt.- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha, Adv For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Manjhi P.S. Case No. 143/2024 dated 02.05.2024 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 480.075 litres of illicit foreign liquor was recovered from the motorcycles near the bank of Saryu River.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. and he was not arrested from the place of occurrence. The name of the

Patna High Court CR. MISC. No.79612 of 2024(2) dt.13-11-2024 2/2 petitioner has transpired merely on the basis of suspicion. The recovery has been made from an open place which is accessible to anyone. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the possession of the petitioner. Similar situated co-accused persons have already been granted bail by this Court vide order dated 15.07.2024 passed in Cr. Misc. No. 40569 of 2024. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 09.09.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra, in connection with Manjhi P.S. Case No. 143/2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T