Sonu Choudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10367 of 2019 Arising Out of PS. Case No.-407 Year-2018 Thana- PALIGANJ District- Patna ====================================================== SONU CHOUDHARI son of Late Vanshi Choudhari @ Manshi Chaudhari, resident of village-Udaypur, Post-Ankuri, Police Station-Paliganj, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 28.12.2018 in connection with Special Case No. 12262 of 2018, arising out of Paliganj P.S. Case No. 407 of 2018 for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that on secret information that in Udaipur orchard one man is selling illicit liquor, they raided the place and apprehended the petitioner with 15 litres of Mahua wine. Accordingly, a seizure-list was prepared.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.10367 of 2019(2) dt.21-02-2019 2/2 petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. Petitioner is languishing in judicial custody for about two months and undertakes to cooperate in the investigation and not to induce witnesses or tamper with the prosecution evidence. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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), Patna, in connection with Special Case No. 12262 of 2018, arising out of Paliganj P.S. Case No. 407 of 2018, subject to the conditions that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) Rajesh/- U T