Bihari Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16006 of 2020 Arising Out of PS. Case No.-34 Year-2020 Thana- RAJGIR District- Nalanda ====================================================== BIHARI CHOUDHARY S/O Late Ichcha Choudhary Resident of Village - Gulzar Bigha, Dahchani Pokhar, P.S. - Rajgir, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hansraj For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-05-2020 Heard both sides.

The matter has been taken up through video conferencing.

The petitioner seeks bail in Rajgir P.S. case No. 34 of 2020 registered under Section 30(a), 37(b) (c) of the Bihar Prohibition & Excise Act.

The informant alleged that on secret information that Bihari Choudhary, petitioner, Ramdeo Choudhary, Ajit Choudhary, Karu Choudhary and Shravan Yadav were preparing country made liquor house of Bihar Choudhary was searched and from the house of petitioner 266.9 liter of country made liquor was recovered.

The learned counsel for the petitioner submits that from the perusal of the FIR itself, it appears that no allegation of

Patna High Court CR. MISC. No.16006 of 2020(2) dt.13-05-2020 2/2 preparing liquor is made against the petitioner. The recovery is made from the joint house of the petitioner. The petitioner is in custody since 25.01.2020. The petitioner has already remained in jail for three and half months.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner, above named is directed to 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 learned Additional Sessions Judge-III-cum-Special Judge, Excise Act, Nalanda at Biharsharif in connection with Rajgir P.S. case No. 34 of 2020. (Prabhat Kumar Jha, J) BKS/- U T