Gauri Shankar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83026 of 2023 Arising Out of PS. Case No.-549 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== 1.

Gauri Shankar Choudhary Son Of Late Ram Ishawar Choudhary R/O Village- Jantola, P.S.- Rivilganj, Dist.- Chapra 2.

Bihari Bind @ Bihari Choudhary Son Of Satyadev Bind R/O VillageGoreriyan, P.S.- Dokati, Dist.- Baliyan (u.p.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are languishing in custody in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act and Sections 25(1-B) a, 26, 35 of the Arms Act.

There are recoveries of 38.70 litres of illicit Indian made foreign liquor and a country made liquor along with one live cartridge from the accused persons

Patna High Court CR. MISC. No.83026 of 2023(2) dt.04-01-2024 2/3 including the petitioners.

It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no concern either with the seized illicit liquor or the arms. The petitioners are languishing in custody since 14.09.2023. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioners.

Considering the facts aforesaid and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court, 1st, Bhojpur, Ara in connection with

Patna High Court CR. MISC. No.83026 of 2023(2) dt.04-01-2024 3/3 Barhara (Sinha O.P) P.S. Case No. 549 of 2023. (Sunil Kumar Panwar, J) Shageer/- U T