Sanjay Choudhary v. The State Of Bihar
Patna High Court Cr.Misc. No.44223 of 2016 (2) dt.21-10-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44223 of 2016 Arising Out of PS.Case No. -165 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictBHAGALPUR ====================================================== Sanjay Choudhary, Son of Late Sita Ram Choudhary ,Resident of VillageJhangira, Police Station-Sultanganj, Duistrict-Bhagalpur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar, Advocate. For the Opposite Party/s : Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with P.S. Case No. 165 of 2016 registered under Sections 47(a) and (e) of the of the Excise Act.
The accusation is of recovery of 5 litres of country made liquor and two empty plastic Jarkin from the house of the petitioner.
Learned counsel for the petitioner submits that, in fact, at the time of recovery, petitioner was working as labourer at Ranchi for his livelihood and five liters country made liquor was recovered from the house of Shankar Choudhary, brother of the
Patna High Court Cr.Misc. No.44223 of 2016 (2) dt.21-10-2016 petitioner, but mere on suspicion, petitioner has falsely been implicated in this case. Further submission is that petitioner has no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, in connection with P.S. Case No. 165 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T