Patna High CourtCR. MISC./10309/2019bail granted

Sanjay Chaudhary v. The State Of Bihar

2019-02-21Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10309 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- JAHANABAD District- Jehanabad ====================================================== Sanjay Chaudhary aged about 26 years (M), Son of Late Bigu Chaudhary, Resident of Village- Purvi Unta, P.S. and District- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Paras Nath For the Opposite Party/s :

Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-02-2019 Heard leaned counsels for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 06.01.2019 in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016. The prosecution case is that on 05.01.2019, a secret information was received upon which, an Auto rickshaw was intercepted from which, 65 litres of country made illicit liquor were recovered. The alleged Auto rickshaw was driven by the petitioner.

It is submitted by learned counsel for the petitioner that the illicit recovered liquor belongs to co-accused Bhura Yadav. A statement has been made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent.

Patna High Court Cr.Misc. No.10309 of 2019(2) dt.21-02-2019 2/2 Learned APP for the State submits that recovery has been made from the Auto rickshaw, driven by the petitioner. Considering the fact that recovery made from the auto rickshaw, quantity of recovery and period under custody and the prosecution does not suggest that the actual ownership of the alleged auto rickshaw has been ascertained, 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 Additional Sessions JudgeII-cum- Special Judge Excise, Jehanabad in connection with Excise Case No.23 of 2019 arising out of Jehanabad P.S. Case No.11 of 2019 .

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