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Patna High CourtCR. MISC./55412/2016allowed

Shyam Choudhary v. The State Of Bihar

2017-03-01Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55412 of 2016 Arising Out of PS.Case No. -237 Year- 2016 Thana -PUPRI District- SITAMARHI ======================================================

1. Shyam Choudhary, son of Late Gita Ram Choudhary, resident of VillagePupari, P.S.- Pupari, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N.K. Agrawal, Sr. Adv. Mr. Vijay Anand, Adv.

For the Opposite Party/s : Mr. Sri Gopesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-03-2017 Heard both sides.

The petitioner seeks bail in Pupari P.S. Case No. 237/2016, registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 38 and 41 of Bihar Excise Act.

The informant, Officer-in-charge, got message on WhatsApp with photograph showing that the petitioner, owner of Baba Dhaba, was picking liquor from the road, which fell down while he was carrying.

It is submitted that nothing has been recovered from the possession of the petitioner. The petitioner is in jail since 27.10.2016. The veracity of the WhatsApp message has not been

Patna High Court Cr.Misc. No.55412 of 2016 (3) dt.01-03-2017 2/2 verified.

Considering the facts aforesaid, the petitioner above named 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 Sub Divisional Judicial Magistrate, Pupari, Sitamarhi in connection with Pupari P.S. Case No. 237/2016.

(Prabhat Kumar Jha, J.) Rakhi U T