Govind Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35523 of 2019 Arising Out of PS. Case No.-38 Year-2019 Thana- KHODAWANDPUR District- Begusarai ====================================================== GOVIND CHOUDHARY Son of Gopal Chaudhary Resident of Village and P.S. - Khodabandpur, District- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 30-05-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Khodawandpur P.S. Case No. 38 of 2019, registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that in the instant case total 9.990 liters foreign liquor was recovered. Allegation against this petitioner is that he is owner of the Govind Hotel wherefrom the alleged liquor was seized. He further submits that nothing has been recovered from the conscious physical possession of the petitioner. Learned counsel for the petitioner submits that petitioner is in custody since

Patna High Court CR. MISC. No.35523 of 2019(2) dt.30-05-2019 2/2 30.04.2019.

Considering the fact that nothing has been recovered from the conscious possession of the petitioner rather from the hotel which belongs to the petitioner, the Court is inclined to release the petitioner on bail. Let the petitioner named above be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Learned 2nd Additional Sessions Judge-cum Special Judge, Excise, Act Begusarai in connection with Khodawandpur P.S. Case No. 38 of 2019, subject to condition that one of the bailors should be elected representative of the local body.

(Anil Kumar Upadhyay, J) T.Kr./- U T