Munni Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4579 of 2019 Arising Out of PS. Case No.-253 Year-2017 Thana- ATRI District- Gaya ====================================================== Munni Chaudhary, Son of Arjun Chaudhary, Resident of Village- Gehuni, P.S.- Atri, District -Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar For the Opposite Party/s :

Mr. Sucheta 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 19.11.2018 in a case registered for the offences punishable under Sections under Sections 272 and 273 of the Indian Penal Code and Sections 30(a)(d) of Bihar Prohibition and Excise Act, 2016.

The prosecution case is that five litres of country made liquor were recovered from the house of the petitioner. It is submitted by learned counsel for the petitioner that the recovery has been made from the joint house and the mahua is used for feeding the cattle. 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 is

Patna High Court Cr.Misc. No.4579 of 2019(2) dt.29-01-2019 2/2 made from the house of the petitioner.

Considering the nature of accusation and quantity of recovery, 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 Special Judge Excise, Gaya in connection with Atri P.S. Case No. 253 of 2017.

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