Sharawan Chaudhary @ Sharwan Kumar Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20632 of 2019 Arising Out of PS. Case No.-298 Year-2018 Thana- RAJAOLI District- Nawada ====================================================== SHARAWAN CHAUDHARY @ SHARWAN KUMAR CHAUDHARI Son of Sundar Chaudhary @ Bhatani Chaudhary Resident of Village - Ramdasi, P.S. Rajauli, District Nawada ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-08-2019 Let the supplementary affidavit filed on behalf of the petitioner be kept on the record.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Rajauli P.S. Case No.298 of 2018 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The accusation is of recovery of three gallons, each containing 15 liters country made liquor, from the joint house of Saryu Chaudahry, Dashrath Chaudhary and this petitioner. Learned counsel for the petitioner submits that, in fact, the petitioner is preparing for the competitive examination and in that connection, he had gone to Ranchi for appearing in

Patna High Court CR. MISC. No.20632 of 2019(5) dt.06-08-2019 2/2 the examination of Railway Recruitment Board scheduled on 01.11.2018 and returned from there on 09.11.2018, which would appear from Annexure-2 to the supplementary affidavit filed on behalf of the petitioner. As such, at the time of the alleged recovery, the petitioner was not present in his house, which is also being used by his brothers, Saryu Chaudhary and Dashrath Chaudhary, who have also been made accused in this case. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cumSpecial Judge, Nawada, in connection with Rajauli P.S. Case No.298 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T