Shravan Kumar Chaudhary @ Sharwan Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10679 of 2019 Arising Out of PS. Case No.-4 Year-2019 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== SHRAVAN KUMAR CHAUDHARY @ SHARWAN CHOUDHARY Son of Late Bindeshwari Chaudhary Resident of - Sirsa Raso Tola, P.S.- Katihar (M), Distt - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 22-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 17.01.2019 in connection with Katihar Muffasil P.S. Case No. 04 of 2019 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 the petitioner has concealed illicit liquor in his house, the police conducted a raid and in two jars 25 litres each of countrymade liquor was recovered from the room of the house and the petitioner managed to escape. Accordingly, a

Patna High Court Cr.Misc. No.10679 of 2019(2) dt.22-02-2019 2/3 seizure-list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and nothing has been recovered from his conscious possession. The house being a joint family property, the seized illicit liquor cannot be attributed to the petitioner. He further submits that there is violation of Section 100 Cr.P.C. as none of the family members has been provided the seizure-list although raid was conducted in the house. Petitioner 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 ADJ-II cum Special Judge (Excise Act), Katihar, in connection with Katihar Muffasil P.S. Case No. 04 of 2019, subject to the condition that one of the bailors would be a close relative of the petitioner

Patna High Court Cr.Misc. No.10679 of 2019(2) dt.22-02-2019 3/3 having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) Rajesh/- U T