Brahmeshwar Chauhan @ Barmeshwar Chouhan @ Brahmeshwar Nath Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34999 of 2019 Arising Out of PS. Case No.-283 Year-2018 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Brahmeshwar Chauhan @ Barmeshwar Chouhan @ Brahmeshwar Nath Chauhan, Son of Late Ramdas Chouhan, Resident of Village - Nodaoun, P.S.- Buxar (Murffasil), Dist.- Buxar.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Anil Kumar Roy, Advocate For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-05-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Buxar (Mufassil) P.S. Case No.283 of 2018 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner would submit that in the instant case total recovery of 508 liters of foreign liquor was seized from Bolero vehicle parked in front of Rice Mill of the petitioner. Learned counsel further submits that nothing was recovered from the conscious possession of the petitioner or from the Rice Mill of the petitioner. Learned counsel further submits that petitioner is not the owner of the seized vehicle. Petitioner is in custody since 25.04.2019.

Patna High Court CR. MISC. No.34999 of 2019(2) dt.28-05-2019 2/2 Considering the fact that nothing was recovered from the conscious possession of the petitioner, the Court is inclined to grant bail to the petitioner. Let the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Judge (Excise), Buxar, in connection with Buxar (Mufassil) P.S. Case No.283 of 2018. (Anil Kumar Upadhyay, J) sunil/- U T