Badho Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38632 of 2018 ====================================================== Badho Chaudhary S/o Late Ram Kishun Chaudhary, R/o Vill.- Beldari Tola, P.S.- Gaurichak, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vasant Vikas For the Opposite Party/s : Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

80 litres of mixed toddy is said to have been recovered from the tempo and its driver namely Chotelal Choudhary and the petitioner were apprehended. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized toddy or tempo in question. He happens to be simple commuter of the said tempo and had no knowledge of

Patna High Court Cr.Misc. No.38632 of 2018 (5) dt.18-08-2018 2/2 keeping of the toddy in the tempo. He has no criminal antecedent. He has been languishing in custody since 15.05.2018. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Special Case No. 4647 of 2018 arising out of P.R. Police Case No. 25 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T