Prakash Choudhary @ Prakash Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22910 of 2019 Arising Out of PS. Case No.-440 Year-2018 Thana- BAHADURPUR District- Darbhanga ====================================================== PRAKASH CHOUDHARY @ PRAKASH KUMAR CHOUDHARYs/o Vivek Choudhary @ Vivekanand Choudhary, R/v Salha, P.S. Bahadurpur, Distt. Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-04-2019 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Bahadurpur P.S. Case No. 440 of 2018 registered under Sections 30(a), 38(2) and 41(2) of Bihar Prohibition and Excise Act, 2016.

The accusation is that on receiving secret information about un-loading of illicit liquor near temple in village Salha and concealing the same in nearby forest, informant along with other police officials reached there and recovered 120 cartons, containing 1449 bottles, each of 750 ml. of country made foreign liquor kept beneath the bridge. On enquiry, informant came to know that petitioner along with

Patna High Court CR. MISC. No.22910 of 2019(2) dt.11-04-2019 2/2 Prabhakar Choudhary, Gulshan Choudhary and Ashish Jha @ Kinsu Jha used to run a racket of selling illicit liquor. The learned counsel appearing on behalf of the petitioner submits that petitioner has not been apprehended on spot by the police rather he has been implicated in this case merely on suspicion. Petitioner has no criminal antecedent and he is in custody since 16.02.2019.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge-vth-cum-Special Judge(Excise),Darbhanga in connection with Bahadurpur P.S. Case No. 440 of 2018.

(Rajendra Kumar Mishra, J) sushma/- U T