Musho Choudhary @ Ajay Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63471 of 2017 Arising Out of PS.Case No. -1205 Year- 2017 Thana -SAHARSA District- SAHARSA ====================================================== Musho Choudhary @ Ajay Choudhary, Son of Late Jagdish Choudhary, Resident of Maroofganj Purani Jail, Ward No. 20, Police Station and District- Saharsa.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Shashi Dhar Jha For the Opposite Party/s : Mr. Shashidhar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Special Case No. 546 of 2017 arising out of Saharsa Sadar Police Station Case No. 1205 of 2017 instituted for the offences under Sections 30(a), 38(i), 40(i) and 37(b) of the Bihar Prohibition and Excise Act, 2016.
The allegation against the petitioner is that while he was in a drunken condition and was fleeing away, the police had apprehended him on the spot and upon search five bottles each containing 180 ml. illicit liquor was recovered from his house. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and he
Patna High Court Cr.Misc. No.63471 of 2017 (2) dt.18-01-2018 2/2 has a clean antecedent. It is submitted that the petitioner is in custody since 15.11.2017.
Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner is having a clean antecedent, I deem it fit and proper to enlarge the petitioner above named on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Saharsa in connection with Special Case No. 546 of 2017 arising out of Saharsa Sadar P.S. Case No. 1205 of 2017. (Mohit Kumar Shah, J) S.Sb/- U T