Patna High CourtCR. MISC./89293/2024bail granted

Pappu Chaudhari v. The State Of Bihar

2025-01-09Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89293 of 2024 Arising Out of PS. Case No.-31 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Pappu Chaudhari Son of Suresh Chaudhari Resident of Village- Magardahi Ghat Ward 19 PS- Town District-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise P.S. Case No. 31 of 2021, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 10 liters liquor was recovered from sell centre.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the

Patna High Court CR. MISC. No.89293 of 2024(2) dt.09-01-2025 2/2 petitioner further submits that the petitioner is not the owner of the said sell centre in question. The petitioner was not arrested on the spot. Name of the petitioner has transpired in this case on the basis of disclosure made by local chowkidar. The petitioner is in custody since 24.10.2024 and has got three criminal antecedents in which he is on bail. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP 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 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise P.S. Case No. 31 of 2021.

(Rudra Prakash Mishra, J) Rajorshi/- U T