Patna High CourtCR. MISC./80474/2023allowed

Chhaukaudi Yadav @ Chhawagari Yadav v. The State Of Bihar

2023-12-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80474 of 2023 Arising Out of PS. Case No.-217 Year-2023 Thana- BIHIA District- Bhojpur ====================================================== Chhaukaudi Yadav @ Chhawagari Yadav S/O Ram Govind Yadav Resident Of Village Kamriaon Ps Tiyar Dist Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 50 liters of illegal Mahua liquor from a Bicycle.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern with the seized wine in question. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody

Patna High Court CR. MISC. No.80474 of 2023(2) dt.14-12-2023 2/2 since 11.09.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court 1st, Bhojpur at Ara in connection with Bihiya P.S. Case No. 217 of 2023.

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