Lavkush Choudhary @ Lavkush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22118 of 2023 Arising Out of PS. Case No.-98 Year-2023 Thana- GURUA District- Gaya ====================================================== LAVKUSH CHOUDHARY @ LAVKUSH KUMAR Son of Karu Chaudhary R/o Village - Itahri, P.S.- Gurua, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-04-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Gurua P.S. Case No. 98 of 2023 dated 26.02.2023 registered for the offence(s) punishable under Section(s) 30(a) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that though as per the FIR, the alleged recovery of 69.61 litres of english wine is stated to have been made from the house of this petitioner but the said house is in joint possession of the family members of the petitioner and the said recovery was not made from the conscious possession of the petitioner who has been languishing in jail since 27.02.2023 and against him, there is criminal antecedent

Patna High Court CR. MISC. No.22118 of 2023(2) dt.19-04-2023 2/2 of one case in which he is on bail.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly custody period of petitioner and his plea that the house, from where the recovery of the alleged wine was made, is in joint possession of his family members, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail after framing of charge, if the same has not been framed, in connection with Gurua P.S. Case No. 98 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Sanjay/- U T