Patna High CourtCR. MISC./2127/2018bail granted

Raju Choudhary v. The State Of Bihar

2018-01-23Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2127 of 2018 Arising Out of PS.Case No. -44 Year- 2017 Thana -BADHAILA District- SASARAM (ROHTAS) ======================================================

1. Raju Choudhary, S/o Late Lal Mohar Choudhary, resident of VillageKaran, P.S. Baghaila, District- Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Santosh Kumar Singh For the Opposite Party/s : Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Baghaila P.S. Case No. 44 of 2017 registered under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 300 liters of country made liquor is said to have been recovered from the 'Khalian' and garage of the accused Mantu Chaudhary.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has been falsely implicated in this case. He is neither concern with the aforesaid 'Khalian' or the garage nor with the seized liquor. He

Patna High Court Cr.Misc. No.2127 of 2018 (02) dt.23-01-2018 2/2 was not apprehended on the spot. He happens to be the brother of the accused Mantu Chaudhary. He has no criminal antecedent. The petitioner has been languishing in custody since 17.11.2017. . 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 2ndAdditional Sessions Judge-cum-Special Judge, Rohtas at Sasaram in connection with Baghaila P.S. Case No.44 of 2017. (Prakash Chandra Jaiswal, J) Trivedi/- U T