Pheku Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8585 of 2019 Arising Out of PS. Case No.-895 Year-2018 Thana- MASAUDHI District- Patna ====================================================== PHEKU CHOUDHARY Son of Late Mahesh Choudhary R/o villageSanghatpar Mushari , P.S- Masaudhi , ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Sanjay Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-02-2019 Heard the parties.

The petitioner seeks anticipatory bail scene in connection with Masaudhi P.S.Case No. 895 of 2018 ( Special case No. 11287 of 2018), registered for offences punishable under Sections 30 (a) and 37 (C) of Bihar Prohibition and Excise Act.

As per F.I.R., allegation against the petitioner is of recovery mahua liquor from the house of the petitioner and another co-accused persons was found in drunken condition. Submission of the learned counsel for the petitioner is that he has falsely been implicated in this case and the petitioner has committed no offence and nothing has been recovered from the possession of the petitioner and the petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.8585 of 2019(2) dt.13-02-2019 2/2 Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, in the event of his arrest or surrender, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each in connection with Masaudhi P.S.Case No. 895 of 2018 (Special Case No. 11287 of 2018), to the satisfaction of learned Special Judge, Excise, Patna, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

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