Surendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35306 of 2021 Arising Out of PS. Case No.-42 Year-2021 Thana- MUSAHARI District- Muzaffarpur ====================================================== Surendra Chaudhary S/O Punit Choudhary R/O Village Manika Bishunpur Chand Ps Mushahari District Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand For the Opposite Party/s :

Mr.Nand Kishore Pd.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-12-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Mushahari P.S. Case No. 42 of 2021, registered for the offence punishable punishable under Sections 272, 273, 34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act. Two litres of country made liquor has been recovered from Baithaka near the house of this petitioner and twenty litres of Toddy has been destroyed by the informant. It is submitted that no recovery has been made from conscious possession of this petitioner. Recovery has been made from open place which is accessible to general public. Petitioner is in custody since 01.03.2021 having no criminal antecedent, as stated in para 3 of the petition. Investigation is

Patna High Court CR. MISC. No.35306 of 2021(2) dt.08-12-2021 2/2 complete.

Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, 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 Special Judge Excise Act, Muzaffarpur in connection with Mushahari P.S. Case No. 42 of 2021.

(Prabhat Kumar Singh, J) vinita/- U T