Anil Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4707 of 2019 Arising Out of PS. Case No.-321 Year-2018 Thana- RIVILGANJ District- Saran ====================================================== Anil Kumar Choudhary (male- 26 years), Son of Ramjiwan Choudhary Resident of Mohalla - Ajaybganj, P.S.- Bhagwan Bazar, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrityunjay Kumar Tiwary For the Opposite Party/s :

Mr. Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-01-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 13.10.2018 in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case is that fifty litres of illicit country made liquor have been recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the recovery has been made from a bush near the bank of the river. A statement has been made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP for the State submits that the recovery

Patna High Court Cr.Misc. No.4707 of 2019(2) dt.29-01-2019 2/2 has been made from the possession of the petitioner. Considering the fact that the accusation suggests recovery from the bush of embankment of the river, coupled with statement made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner 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 Additional Sessions JudgeVI, Saran in connection with Revelganj P.S. Case No. 321 of 2018.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T