Ram Kewal Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 46312 of 2016 Arising Out of PS.Case No. -187 Year- 2016 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Ram Kewal Choudhary, Son of Ram Ratan Choudhary, resident of village - Kama Bigha, P.S.-Aurangabad (T), District - Aurangabad. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Narendra Kumar Mr. Tej Narayan Singh For the Opposite Party/s : Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.
27-10-2016 Heard Sri Narendra Kumar, learned counsel, who was assisted by Sri Tej Narayan Singh, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is in custody since 21-7-2016 in Aurangabad (T) P.S. Case No. 187 of 2016 registered for offence under Sections 272, 273 of the Indian Penal Code and Section 47 of the Bihar Excise (Amendment) Act, 2016, has prayed for grant of bail.
By way of referring to F.I.R., it was submitted by learned counsel for the petitioner that petitioner's name has come on disclosure made by the accused, who was apprehended by the police and from his possession i.e. from one Bolero vehicle, huge quantity of country-made liquor was recovered. He submits that it
Patna High Court Cr.Misc. No.46312 of 2016 (2) dt.27-10-2016 2/2 is true that petitioner was earlier accused in two cases, but in both the cases, he has been acquitted. This fact has been stated in paragraph - 3 of the petition.
Learned Addl. Public Prosecutor has opposed the prayer for bail.
Keeping in view the nature of accusation, period of custody as well as the fact that petitioner's name has come on the statement of one of the accused, there is no reason to further detain the petitioner.
Let the petitioner namely Ram Kewal Choudhary 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 learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad (T) P.S. Case No. 187 of 2016. (Rakesh Kumar, J.) Anay U T