Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84736 of 2024 Arising Out of PS. Case No.-127 Year-2024 Thana- CHAORI District- Bhojpur ====================================================== Sudhir Kumar S/o Late Binod Chaudhary @ Binod Chaudhary @ Vinoanjd Chaudhari Resident of Vill- Ganj, P.S- Chauri, Distt.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Chauri PS Case No. 127 of 2024 instituted for the offences under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 105 litres of country made liquor, 2 gas stove, 2 gas cylinders, 2 plates, 3 polythene packets was recovered from the house of the petitioner.

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

Patna High Court CR. MISC. No.84736 of 2024(3) dt.23-01-2025 2/2 no concern with the alleged recovery of liquor. It is submitted that recovery is made from the joint house of the petitioner where the other family members also reside. The petitioner is in custody since 23.10.2024 and has got no criminal antecedent. 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, clean antecedent of the petitioner 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 Chauri PS Case No. 127 of 2024.

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