Jitendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43144 of 2018 ====================================================== Jitendra Chaudhary, S/o. Vishwanath Chaudhary , Resident of VillageChandiya, P.S. Aurai, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ratneshwar Prasad For the Opposite Party/s : Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 35(a) & 38 of the Bihar Prohibition and Excise Act, 2016.

3.600 litres of foreign liquor is said to have been recovered from the open land located beside the house of the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the place of recovery. Place of recovery is open place and is easily accessible to anyone. He has

Patna High Court Cr.Misc. No.43144 of 2018 (2) dt.18-07-2018 2/2 been falsely implicated in the case. He has no criminal antecedent. He has been languishing in custody since 13.06.2018. Considering the facts aforesaid, the above named petitioner is directed to 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 the learned Special Judge, Excise, Muzaffarpur in connection with Aurai P.S. Case No. 186 of 2017.

(Prakash Chandra Jaiswal, J) Mishra/- U