Sanjay Choudhary @ Sanjay Choudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71278 of 2018 Arising Out of PS. Case No.-630 Year-2018 Thana- PURNEA SADAR District- Purnia ====================================================== Sanjay Choudhary @ Sanjay Choudhari, S/o Asarfi Choudhary, Resident of Mohalla- Rambagh Chowk, P.S.- Sadar, District- Purnea. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ajit Ranjan Kumar, Advocate.

For the Opposite Party/s :

Smt. Suman Kumari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-12-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Sadar P.S. Case No.630 of 2018 registered under Sections 272 and 273 of the Indian Penal Code besides Sections 30(a) and 38 of the Bihar Prohibition Act and Excise Act, 2016.

The accusation is of recovery of 92 bottles, each containing 750 ml. Indian Made Foreign Liquor, 144 pouches, each containing 180 ml. Indian Made Foreign Liquor, 16 Pieces Hardvice 5000 cane beer, each containing 500 ml., from the house of the petitioner.

Learned counsel appearing on behalf of the petitioner submits that, in fact, the house from which the aforesaid

Patna High Court Cr.Misc. No.71278 of 2018(2) dt.04-12-2018 2/2 recovery is said to be made is the joint family house of the petitioner and the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent and is in custody since 30.10.2018.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 2nd Additional Sessions Judge-cum-Special Judge (Excise Act), Purnea, in connection with Sadar P.S. Case No.630 of 2018. Out of the two sureties, one must be either parents or the close relative of the petitioner. (Rajendra Kumar Mishra, J) P.S./- U T