Om Prakash Choudhari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54832 of 2021 Arising Out of PS. Case No.-119 Year-2020 Thana- SAHAJITPUR District- Saran ====================================================== Om Prakash Choudhari Son of Jagarnath Chaudhary Resident of VillageMedhuka, P.O. And P.S.- Sahajitpur, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pritish Ranjan, Adv.
For the Opposite Party/s :
Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-05-2022 Heard Mr. Pritish Ranjan, learned advocate for the petitioner and Mr. Permanand Kumar, learned Additional Public Prosecutor representing the State.
The petitioner seeks bail in connection with Excise Trial No. 49 of 2021 arising out of Sahajitpur P.S. Case No. 119 of 2020 dated 28.10.2020 instituted for the offences under Sections 30, 30(a) of the Bihar Prohibition Excise Act. 45 liters of liquor and 300 litres of locally brewed Mahua liquor is said to have been recovered from a room behind the house of the petitioner.
The learned counsel for the petitioner submits that the room behind the house of the petitioner is not in his occupation and therefore such recovery cannot be saddled upon him. Be that as it may, it has been submitted that the
Patna High Court CR. MISC. No.54832 of 2021(2) dt.26-05-2022 2/2 petitioner was earlier made accused in a similar nature but in that case, because of paucity of evidence, he was granted bail. In the present case, the petitioner is in custody since 30.01.2021.
Regard being had to the nature of accusation and the period of custody, the petitioner is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge - cum - Special Judge, Excise, Saran in connection with Excise Trial No. 49 of 2021 arising out of Sahajitpur P.S. Case No. 119 of 2020.
(Ashutosh Kumar, J) rishi/- U T