Raju Choudhary @ Raju Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20096 of 2019 Arising Out of PS. Case No.-32 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Raju Choudhary @ Raju Kumar, Son of Late Jagdish Choudhary, Resident of Village - Sivaisingpur, P.S.- Mohaddinagar, Nagar, Distt - Samastipur, ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar For the Opposite Party/s :
Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-04-2019 Learned counsel for the petitioner submits a supplementary affidavit for making correction in paragraph nos.11 and 13 of the petition with regard to typographical error. Heard learned counsels for the parties.
The petitioner is languishing in custody since 30.01.2019 in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016. The prosecution case is that from the possession of the petitioner, 54 litres of Indian Made Foreign Liquor were recovered.
It is submitted by learned counsel for the petitioner that the recovery has been made from the joint family house of the petitioner. A statement has been made in paragraph no.3 of the
Patna High Court CR. MISC. No.20096 of 2019(2) dt.02-04-2019 2/2 petition that the petitioner is not having any criminal antecedent. Learned APP submits that recovery has been made from the conscious physical possession of the petitioner. Considering the fact that recovery has been made from the joint house of the family, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released 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 Additional Sessions Judge-IIIrdcum-Special Judge, Excise Samastipur in connection with Excise Cae No.32 of 2019.
(Dinesh Kumar Singh, J) Deepak/Rahul/- U T