Sethwa Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9258 of 2017 Arising Out of PS.Case No. -117 Year- 2013 Thana -OBRA District- AURANGABAD ====================================================== Sethwa Chaudhary, son of Manchan Chaudhary, R/o Village Jamuhara, P.S.- Obra, District- Aurangabad.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 23-02-2017 Heard learned counsels for the petitioner and the State.

The petitioner, who is in custody, seeks bail in connection with Obra P.S.Case No. 117 of 2013 registered under Sections 272 and 273 of the Indian Penal Code and Section 47A of the Excise Act.

Allegation in brief is that 70 litres of illicit Mahua liquor were recovered from the house of the petitioner. Submission is that the present case was registered in the year 2013 prior to amendment of the Excise Act and several persons reside in the house, so recovery is not said to be made from his conscious possession and he is in custody since 11.11.2016.

Having considered the aforesaid facts and

Patna High Court Cr.Misc. No.9258 of 2017 (2) dt.23-02-2017 2/2 circumstances, the petitioner, namely Sethwa Chaudhary, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Aurangabad in connection with Obra P.S. Case No. 117 of 2013 (G.R.No. 746 of 2016).

(Arun Kumar, J) Sujit/- U