Sanjay Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84218 of 2019 Arising Out of PS. Case No.-724 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== SANJAY CHOUDHARY Son of Late Yogendra Choudhary Resident of Village - Pukhraira, P.S.- Saraiya, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudal Singh For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Saraiya Jaitpur O.P. P.S. Case No. 724 of 2019 for the offence registered under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 530.460 litres of illicit foreign liquor from a Bolero vehicle. The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case. It is further submitted that till the time of filing of the present case, the petitioner was having a clean antecedent, however, subsequently, he has been remanded in two other

Patna High Court CR. MISC. No.84218 of 2019(3) dt.14-01-2020 2/2 cases. It is also submitted that the petitioner is languishing in custody since 09.11.2019 and reference has been made to paragraph no. 9 of the petition to submit that the petitioner has got no concern with the Bolero vehicle in question from which the recovery has been made.

Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the petitioner as also taking into account the fact that the vehicle from which the illicit liquor has been recovered does not belong to the petitioner and the petitioner has not been arrested from the spot, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur, in connection with Saraiya Jaitpur O.P. P.S. Case No. 724 of 2019.

(Mohit Kumar Shah, J) S.Sb/- U T