Sanjay Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35227 of 2019 Arising Out of PS. Case No.-108 Year-2019 Thana- BALIYA District- Begusarai ====================================================== SANJAY CHAUDHARY Son of Late Lakhan Choudhary Resident of Village- Chhoti Ballia Bazar, Ward No. 12, P.S.- Ballia, District- Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mrs. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-05-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 08.04.2019 in a case registered for the offences punishable under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016. It is alleged that from the possession of the petitioner, 8.50 litres of Indian Made Foreign Liquor were recovered. It is submitted by learned counsel for the petitioner that the petitioner has maliciously been framed in the present case. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the recovery has been made from the possession of the petitioner.

Considering the nature of recovery and period under

Patna High Court CR. MISC. No.35227 of 2019(2) dt.29-05-2019 2/2 custody, coupled with the statement made in paragraph no.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 bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, Excise, Begusarai in connection with Ballia P.S. Case No. 108 of 2019.

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