Rajeev Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14205 of 2018 Arising Out of PS.Case No. -212 Year- 2017 Thana -HASANPUR District- SAMASTIPUR ======================================================

1. Rajeev Choudhary Son of Anandi Chaudhari @ Ananndi Choudhry Resident of Village- Aadhawari, Begusarai, Police Station- Mufassil, District Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Bihari Sinha For the Opposite Party/s : Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 14-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 01.01.2018 in connection with Hasanpur P.S. Case No. 212 of 2017 for offences punishable under Sections 272, 273, 34 of the Indian Penal Code and Sections 47, 30(a), 38(1), 38(2) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that while on patrolling duty they got information that illicit liquor is kept concealed in the orchard of one Binod Singh, the police reached the place and found one Scorpio and a motorcycle. Four persons tried to flee away

Patna High Court Cr.Misc. No.14205 of 2018 (2) dt.14-03-2018 2/3 but were apprehended and the police recovered 48.300 litres of illicit foreign liquor.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history whereas out of aforesaid total illicit liquor, 1.875 litres was recovered from the motorcycle and rest was recovered from the dickey of Scorpio vehicle. He submits that nothing has been recovered from the conscious possession of the petitioner and one of the co-accused has been granted privilege of bail by a Coordinate Bench of this Court in Cr. Misc. No. 12521 of 2018 vide order dated 08.03.2018. Petitioner is ready to cooperate with the investigation, provide all necessary information and undertakes not to tamper with the evidence or prosecution witnesses in any manner whatsoever. 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 6th Addl. Sessions Judge cum Special Judge, Excise,

Patna High Court Cr.Misc. No.14205 of 2018 (2) dt.14-03-2018 3/3 Samastipur, in connection with Hasanpur P.S. Case No. 212 of 2017.

(Nilu Agrawal, J) Rajesh/- U T