Patna High CourtCR. MISC./5516/2020allowed

Sushil Choudhary @ Balma Choudhary v. The State Of Bihar

2020-01-31Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5516 of 2020 Arising Out of PS. Case No.-176 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== Sushil Choudhary @ Balma Choudhary Son of Late Raj Kumar Choudhary Resident of Choudhary Nagar, Viratpur, P.S.- Town, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Nand Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 31-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Excise Case No. 176 of 2019 for the offenses under Section 30(a) of the Bihar Prohibition & Excise Act, 2018.

Learned counsel for the petitioner submits that in the instant case total 104 ltrs of liquor was seized. Learned counsel for the petitioner further submits that nothing was recovered from the conscious possession of the petitioner rather from the shed attached to the main house. The petitioner is in custody since 06.01.2020.

Considering the fact that nothing was recovered from the conscious possession of the petitioner, the Court is inclined

Patna High Court CR. MISC. No.5516 of 2020(2) dt.31-01-2020 2/2 to grant bail to the petitioner. Let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 50,000/- (Fifty Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge VII cum Special Judge (Excise), Aurangabad, in connection with Excise Case No. 176 of 2019. However, in the event the petitioner found involved in the similar offences in future, the court below shall be at liberty to cancel his bail.

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