Mithilesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14044 of 2019 Arising Out of PS. Case No.-251 Year-2018 Thana- HISUWA District- Nawada ====================================================== Mithilesh Chaudhary, aged about 32 years, Male, S/o Late Dapegi Chaudhary @ Darogi Chaudhary, Resident of Village- Tungi, P.S.- Hisua, DistrictNawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Deo Raj For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 29.12.2018 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. It is alleged that from the back of the house of the petitioner, 30 litres of illicit country made liquor were recovered.

It is submitted by learned counsel for the petitioner that the recovery has been made from an open area and hence, the recovery cannot be treated from the conscious physical possession of the petitioner. It is further submitted that the petitioner is accused in one another case of similar nature in

Patna High Court CR. MISC. No.14044 of 2019(2) dt.07-03-2019 2/2 which he is on bail.

Learned APP submits that the recovery has been made from the back of the house of the petitioner. Considering the quantity of recovery from an open area and the period under custody, let the above named petitioner be released 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 Additional Sessions Judge-II cum Special Judge, Excise, Nawada in connection with Hisua P.S. Case No. 251 of 2018.

(Dinesh Kumar Singh, J) DKS/- U T