Heeralal Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34770 of 2018 Arising Out of PS. Case No.-76 Year-2018 Thana- NOKHA District- Rohtas ====================================================== Heeralal Chaudhary, Son of Late Ram Suresh Choudhary, Resident of Village:- Kadawa Jagaranath Tola, Police Station - Nokha, District - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhaneshwar Prasad Gupta, Advocate For the Opposite Party/s :

Mr. Rajkishore Singh, APP172 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-06-2018 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in connection with Nokha P.S. Case No. 76 of 2018 registered for the offence punishable under sections 30(A), and 37(e) of the Bihar Prohibition and Excise Act.

Learned counsel appearing for the petitioner submits that nothing has been recovered from the conscious possession of this petitioner. The alleged recovery has been made from the open field (Khalihan) which is not the exclusive property of this petitioner, rather it is in joint possession of this petitioner and his two brothers.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the

Patna High Court Cr.Misc. No.34770 of 2018(2) dt.19-06-2018 2/2 petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional District and Sessions Judge-Cum-Special Judge, Excise, Rohtas at Sasaram in connection with Nokha P.S. Case No. 76 of 2018 subject to the conditions laid down under section 438(2) Cr.P.C.

(Arvind Srivastava, J) mcv/rahul/- U T