Rajesh Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50152 of 2018 Arising Out of PS.Case No. -204 Year- 2018 Thana -ATRI District- GAYA ====================================================== Rajesh Chaudhary, S/o Bithal Chaudhary, Resident of Village- Teusa Bazar, P.S.- Atri, District- Gaya.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-08-2018 Heard learned counsel for the petitioner and learned APP for the State.
The 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)(d) of the Bihar Prohibition and Excise Act, 2016.
3 litres of country made liquor and 80 litres of jaggery are said to have been recovered from the house of the petitioner. The aforesaid jaggery was destroyed at the place of occurrence.
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
Patna High Court Cr.Misc. No.50152 of 2018 (2) dt.16-08-2018 2/2 with the seized article. He has been falsely implicated in the case at the instance of his enemies. The house of the petitioner is inhabited by several family members and he had no knowledge of keeping of the said liquor in the house. There is violation of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 24.06.2018.
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, Gaya in connection with Atri P.S. Case No. 204 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T