Krishna Chaudhary Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89286 of 2024

Arising Out of PS. Case No.-992 Year-2024 Thana- Excise P.S. District- Lakhisarai

======================================================

Krishna Chaudhary S/O Late Nago Chaudhary Resident of village- Bari Kabaiya, Ward No. 31, P.S.- Kabaiya, District- Lakhisarai

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Shaukat Alam, Advocate For the Opposite Party/s : Md. Matloob Rab, APP ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

¶11

ORAL ORDER

¶12

2 09-01-2025 Heard learned counsel for the petitioner and learned

¶13

APP for the State.

¶14

The petitioner seeks bail in connection with Excise P.S. Case No. 992C2 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

¶15

The prosecution case, in short, is that, 04 liters liquor was recovered from plastic bags and the petitioner was apprehended on spot.

¶16

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

¶17

Patna High Court CR. MISC. No.89286 of 2024(2) dt.09-01-2025 2/3

¶18

present 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 petitioner further submits that the said plastic bags does not belong to the petitioner. The petitioner is in custody since 04.11.2024 and has got four criminal antecedents in which he is on bail in all cases. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

¶19

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

¶20

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.

¶21

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. 992C2 of 2024, subject to the following conditions:

¶22

(I) One of the bailors shall be own/close member of the family of the petitioner.

¶23

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

¶24

Patna High Court CR. MISC. No.89286 of 2024(2) dt.09-01-2025 3/3

¶25

consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

¶26

(Rudra Prakash Mishra, J)

¶27

Rajorshi/-