Patna High CourtCR. MISC./34375/2017bail granted

Nandan Choudhary v. The State Of Bihar

2017-08-09Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34375 of 2017 Arising Out of PS.Case No. -201 Year- 2017 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Nandan Choudhary son of Late Narayan Chaudhary, R/o VillageMarwa, P.S.- Bihpur, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandan Kumar Kashyap For the Opposite Party/s : Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 09-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Kotwali (Tilkamanjhi) P.S. Case No. 201/2017 for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, as lodged by the police personnel, is that during course of vehicle checking one Scorpio vehicle was intercepted and petitioner along with two others was apprehended. From the back seat of Scorpio vehicle 225 litres of foreign liquor was recovered. Accordingly, a seizure-list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and

Patna High Court Cr.Misc. No.34375 of 2017 (3) dt.09-08-2017 2/2 nothing has been recovered from his conscious possession as he was neither the driver nor the owner of the said vehicle and is languishing in custody since 01.05.2017.

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 Special Judge, Excise, Bhagalpur, in connection with Kotwali (Tilkamanjhi) P.S. Case No. 201/2017.

(Nilu Agrawal, J) Rajesh/- U T