Jaishankar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42803 of 2017 Arising Out of PS. Case No.-395 Year-2017 Thana- MOHANIA District- Bhabhua (Kaimur) ====================================================== Jaishankar Choudhary, Son of Raj Kumar Choudhary, Resident of MohallaWard No.14, Khidki Ghat, Sasaram, P.S.- Sasaram Town, District- Rohtas (Sasaram), Bihar.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Abhinay Raj For the Opposite Party/s :

Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-09-2017 Heard Sri Abhinay Raj, learned counsel for the petitioner and learned A.P.P.

The sole petitioner, who is in custody since 19.07.2017 in Mohania P.S. Case No. 395 of 2017 registered for the offence under Section 273, 414, 34 of the Indian Penal Code 1860 and Section 30(a), 38 of the Bihar Prohibition And Excise Act 2016 [hereinafter referred to as "Excise Act "] has prayed for grant of bail .

It was submitted by learned counsel for the petitioner that while petitioner was having dinner in a Line Hotel two vehicles standing outside the hotel was searched by the police and from those vehicles Indian make foreign liquor was recovered and petitioner considering the fact that he was

Patna High Court Cr.Misc. No.42803 of 2017(2) dt.19-09-2017 2/2 having criminal antecedent was arrested on an accusation as if petitioner was also involved in the offence under the Excise Act. He submits that from the petitioner recovery of about Rs. 10000/- and one mobile has been shown which has got no connection in relation to the present case.

Considering the nature of accusation as well as period of custody, let the petitioner Jaishankar Choudhary be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise ) cum A.D.J. VI, Kaimur at Bhabua/ concerned court in connection with Mohania P.S. Case No. 395 of 2017 .

(Rakesh Kumar, J) praful/- U T