Jitendra Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5399 of 2019 Arising Out of PS. Case No.-213 Year-2018 Thana- RAFIGANJ District- Aurangabad ====================================================== Jitendra Choudhary, son of Bansi Choudhary, Resident of village-Kazichak, P.S Rafiganj, District-Aurangabad ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-01-2019 Petitioner apprehends his arrest in connection with C.I.S. No. 1157 of 2018/Rafiganj P.S. Case No. 213 of 2018 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Allegation as per FIR is of recovery of 10 bags of Mahua from the house of one Bansi Choudhary, who was apprehended and in whose confessional statement name of one Mister was transpired and he has also stated 10 bags of Mahua were hidden in the house of one Sabana Begum, which were recovered and seizure list shows recovery from house of Bansi Choudhary and petitioner is his son.

Submission of learned counsel for the petitioner is that petitioner is son of Bansi Choudhary and nothing has been recovered from his possession and the house is joint house.

Patna High Court Cr.Misc. No.5399 of 2019(2) dt.31-01-2019 2/2 Heard learned APP also.

Having heard both sides and in the facts and circumstances, let petitioner, above named, in the event of arrest or surrender within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-VII-cum-Special Judge, Excise, Aurangabad, in connection with C.I.S. No. 1157/Rafiganj P.S. Case No. 213 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioner shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T