Murari Choudhary @ Krishna Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48948 of 2018 Arising Out of PS. Case No.-103 Year-2018 Thana- PURAINI District- Madhepura ====================================================== Murari Choudhary @ Krishna Kumar Choudhary, S/o Late Suresh Choudhary, resident of Village- Basudeopur, Police Station- Puraini, DistrictMadhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arpana Kumari For the Opposite Party/s :

Mr. Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Puraini P.S. Case No. 103 of 2018 registered for the offence punishable under Sections 37(b), 37(c) and 30(a) of Bihar Prohibition Excise Act, 2016.

42 lts. of country made liquor is said to have been recovered from the house of the petitioner and four accused persons including the petitioner were apprehended. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized liquor. He has been falsely implicated in this case at the

Patna High Court Cr.Misc. No.48948 of 2018(2) dt.10-08-2018 2/2 instance of his enemy. The house of petitioner is inhabited by his several other family members and he had no knowledge of keeping of liquor in the said house. Seizure list does not bear the signature of the petitioner. There is no compliance of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 29.06.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum Special Judge, Madhepura in connection with Puraini P.S. Case No. 103 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T