Deepak Choudhary @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21031 of 2019 Arising Out of PS. Case No.-26 Year-2019 Thana- BAHADURPUR District- Darbhanga ====================================================== DEEPAK CHOUDHARY @ DEEPAK KUMAR, aged about 25 years(Male), son of Shri Amarnath Choudhary, resident of village Govindpur, P.S. Bahadurpur, District Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur Mr.Malay Kumar Choudhary Ms. Swati Sinha For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-04-2019 Heard both sides.

The petitioner apprehends his arrest in Bahadurpur P.S. Case No.26 of 2019 registered under Section 30(a) of Bihar Prohibition and Excise Act.

The police got information that the petitioner and Raushan Choudhary had kept liquor in the orchard. The informant and other police officials went to verify the secret inputs but two persons managed to flee away. On search, 114 liters of Indian made foreign liquor of different brands was recovered from the orchard.

The learned counsel for the petitioner submits that save and except the so called secret inputs received by the police, there is no material to show that the petitioner had kept any liquor in the orchard. It is further submitted that nothing has

Patna High Court CR. MISC. No.21031 of 2019(2) dt.04-04-2019 2/2 been recovered from the conscious possession or from the house of the petitioner. Recovery was made from orchard which does not belong to the petitioner. Petitioner has got no criminal antecedent. Nobody has seen the petitioner keeping the Indian made foreign liquor in the orchard.

Taking into consideration the fact that save and except the so called secret information, there appears no material against the petitioner that the petitioner had kept the liquor in the orchard, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, 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 learned Additional Sessions Judge V-cum-Special Judge, Excise, Darbhanga in connection with G.O. Case No.65 of 2019(arising out of Bahadurpur P.S. Case No.26 of 2019), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T