Subodh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12743 of 2018 Arising Out of PS. Case No.-4 Year-2018 Thana- DUMRA District- Sitamarhi ====================================================== Subodh Chaudhary S/o Late Mahesh Chaudhary @ Mohan Chaudhary, R/o Village- Bhasar, P.S.- Sitamarhi, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 07-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Dumra P.S. Case no. 4 of 2018 registered under Sections 272, 273 of the Indian Penal Code and Section 30(A)/52 of Bihar Excise Prohibition Act-2016.

100 lts. of toddy is said to have been recovered from the tempo and petitioner was apprehended while other accused namely, Nagendra Sah managed to escape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his conscious physical possession. He has no concern either with the said tempo or with the seized toddy. As a matter of fact, he happens

Patna High Court Cr.Misc. No.12743 of 2018(2) dt.07-03-2018 2/2 to be simple commuter of the said tempo and had no knowledge of keeping the toddy in the said tempo. He has no criminal antecedent. He has been languishing in custody since 03.01.2018.

In the facts and circumstances of the case, the above named petitioner is directed to 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 the learned A.D.J.-II-cumSpecial Judge, Excise Act, Sitamarhi in connection with Dumra P.S. Case no. 4 of 2018.

(Prakash Chandra Jaiswal, J) rohit/- U T