Jai Kishore Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34682 of 2019 Arising Out of PS. Case No.-75 Year-2019 Thana- KHODAWANDPUR District- Begusarai ====================================================== Jai Kishore Chaudhary, Son of Late Mejo Chaudhary, Resident of Village - Tara Bariyarpur, P.S.- Khodawandpur, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 20.04.2019 in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016. It is alleged that the petitioner was found carrying 66.420 litres of illicit Indian made foreign liquor. It is submitted by learned counsel for the petitioner that the recovery has not been made from the conscious physical possession of the petitioner and a statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the recovery has been made from the petitioner.

Patna High Court CR. MISC. No.34682 of 2019(2) dt.28-05-2019 2/2 Considering the nature of recovery and statement being made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 2nd -cum- Special Judge, Excise Act, Begusarai in connection with Khodawandpur P.S. Case No. 75 of 2019.

(Dinesh Kumar Singh, J) DKS/- U T