Patna High CourtCR. MISC./85150/2023allowed

Ashok Chaudhri v. The State Of Bihar

2024-01-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85150 of 2023 Arising Out of PS. Case No.-273 Year-2023 Thana- HALSI District- Lakhisarai ====================================================== 1.

Ashok Chaudhri S/O Late Rajender Choudhry R/O Village- Shekhpurwa, P.S.- Ramgarh Chowk, Dist.- Lakhisarai 2.

Sakhichand Chaudhri Son Of Late Rajender Choudhry R/O VillageShekhpurwa, P.S.- Ramgarh Chowk, Dist.- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 105 litres of illicit liquor, which was kept beneath the soil in front of the house of the petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner has no concern with the seized liquor. Nothing has been recovered from conscious possession

Patna High Court CR. MISC. No.85150 of 2023(2) dt.09-01-2024 2/2 of the petitioner. He is languishing in judicial custody since 16.10.2023.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 Additional District and Sessions Judge-V-cum-Special Excise Court-II, Lakhisarai in connection with Halsi P.S. Case No. 273 of 2023.

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