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Patna High CourtCR. MISC./39524/2018allowed

Binod Choudhary @ Binaudh Choudhary v. The State Of Bihar

2018-07-09Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39524 of 2018 Arising Out of PS.Case No. -122 Year- 2018 Thana -UDAKISHANGANJ District- MADHEPURA ====================================================== Binod Choudhary @ Binaudh Choudhary, S/o Saheb Choudhary, resident of Village Haraili, P.S. Uda- Kishunganj, District- Madhepura. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Raj Kumar Choudhary, Advocate For the Opposite Party/s : Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-07-2018 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Udakishunganj P.S. Case No. 122 of 2018 for the offence under Section 30(a), 37(b)(c) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. He further submits that in the instant case 50 litres toddy was seized. Learned counsel submits that the toddy was not recovered from the house of the petitioner. The petitioner is a labourer and he has no concern with the sale and purchase of toddy. He further submits that the petitioner is in custody since 11.05.2018.

Considering the fact that the petitioner has no criminal antecedent and he has remained in custody for about two

Patna High Court Cr.Misc. No.39524 of 2018 (2) dt.09-07-2018 2/2 months, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II- Cum- Special Judge (Excise), Madhepura in connection with Udakishunganj P.S. Case No. 122 of 2018.

(Anil Kumar Upadhyay, J) Uday/- U T