Sikandar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 17166 of 2020 Arising Out of PS. Case No.-23 Year-2020 Thana- TEKARI District- Gaya ====================================================== Sikandar Choudhary, aged about 40 years, Male, Son of Ram Bilash Choudhary, Resident of Village- Mokarimchak, P.S.- Tekari, Dist.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Veer, Advocate For the State :

Mr.Dilip Kumar No.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-10-2020 Heard the parties through the virtual court proceeding. The petitioner apprehends his arrest in connection with Tekari P.S. Case No. 23 of 2020 registered for the offence punishable under Section 30(a)(c) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner rather 28 liters of Mahua wine has been recovered from the house of the petitioner. Learned counsel for the petitioner further submits that the house is the joint family property and in the present case, other co-accused has been granted bail by different Co-ordiante Benches of this Court. He further submits that the petitioner has got no any criminal antecedent mentioned

Patna High Court CR. MISC. No. 17166 of 2020(3) dt.01-10-2020 2/2 in paragraph-3 of the bail petition.

Learned A.P.P. for the State opposed the bail petition. Petitioner is agreed to deposit a sum of Rs.5,000/- (Rupees Five Thousand) in the CM Relief Fund, bearing Account No.2065104000002257, IFSC Code: IBKL0002065, Bank - IDBI, Branch - Kidwaipuri, Patna.

In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya in connection with Tekari P.S. Case No. 23 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.5,000/- (Rupees Five Thousand) in the CM Relief Fund. (Anjani Kumar Sharan, J) Nasimul/- U T