Vijay Chouhan @ Bijay Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60993 of 2017 Arising Out of PS.Case No. -178 Year- 2017 Thana -BARUN District- AURANGABAD ====================================================== Vijay Chouhan @ Bijay Chouhan, Son of Late Sarjoo Chouhan, Resident of Village- Jankop, P.S.- Barun, District- Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Santosh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Barun P.S. Case No. 178 of 2017 instituted for the offences under Section 30(a)/ 38 of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 40 liters of illicit country made liquor from the possession of the three accused persons travelling on a motorcycle while they were apprehended by the Police.

The learned counsel for the petitioner submits that the petitioner has a clean antecedent and in fact nothing has been recovered from the conscious possession of the petitioner as well as he is languishing in custody since 22.10.2017. Considering the nature of accusation, the period of

Patna High Court Cr.Misc. No.60993 of 2017 (2) dt.03-01-2018 2/2 custody already undergone and the fact that the petitioner has got a clean antecedent, I direct the petitioner named above to be released on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Aurangabad in connection with Barun P.S. Case No. 178 of 2017. (Mohit Kumar Shah, J) S.Sb/- U T