Patna High CourtCR. MISC./20009/2017bail granted

Subhash Choudhary @ Subhash Kumar Choudhary v. The State Of Bihar

2017-05-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20009 of 2017 Arising Out of PS.Case No. -106 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictBHAGALPUR ======================================================

1. Subhash Choudhary @ Subhash Kumar Choudhary Son of Mohan Choudhary resident of Mohalla - Khanjarpur, P.S. Barari, District - Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Davendra Kumar Pandey For the Opposite Party/s : Mr. Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-05-2017 The petitioner is in custody since 08.03.2017 in connection with Excise P.S. Case No. 106/17, registered for offences punishable under Sections 30(k) of the Bihar Excise Act. Allegation is of recovery of 7.8 litres of country made liquor.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case. Moreover the allegation of recovery is of 8.75 litres of country liquor only, for which the petitioner has sufficiently been punished as he has been in judicial custody for about two months and has no criminal antecedent. Heard learned A.P.P. also.

Having heard both sides, considering the facts and

Patna High Court Cr.Misc. No.20009 of 2017 (2) dt.05-05-2017 2/2 circumstances of the case, nature of offence and period of custody, and also the quantity of liquor recovered, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Excise P.S. Case No. 106/17. It is made clear if the petitioner again found involved in any of the like offences, in future, prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T