Chhotan Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8070 of 2020 Arising Out of PS. Case No.-269 Year-2019 Thana- KARAHGAR District- Rohtas ====================================================== 1.

Chhotan Choudhary 2.

Buttan Choudhary Both sons of Gaury Choudhary 3.

Bittan Choudhary @ Dharmpal Kumar @ Dharampal Choudhary Son of Late Dhaneshwar Choudhary All residents of Village- Rampur Naresh, P.S.- Kargahar, District- Rohtas. ... ... Petitioners

Versus

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

For the Petitioner :

Mr. Vikramdeo Singh, Mr.Sada Nand Roy, Advocates For the Opposite Party :

Mr.Braj Kishore Pd. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 02-03-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. The petitioners are apprehending arrest in connection with Kargahar P.S. Case No. 269 of 2019 for offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioners submits that the petitioners have no criminal antecedent.

It is alleged that in the instant case total 70.920 litres of foreign liquor was seized from joint family possession of the petitioners.

Learned counsel for the petitioners submits that nothing was recovered from conscious possession of the

Patna High Court CR. MISC. No.8070 of 2020(2) dt.02-03-2020 2/2 petitioners.

Considering the fact that nothing was recovered from exclusive possession of the petitioners, this Court is inclined to grant bail to them. Let petitioners, above-named, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs. 50,000/- (Rupees fifty thousand) each with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge-cum-Special Judge, Excise , Rohtas at Sasaram in connection with Kargahar P.S. Case No. 269 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anil Kumar Upadhyay, J) BT/- U T