Rajesh Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42552 of 2019 Arising Out of PS. Case No.-554 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== RAJESH CHOUDHARY Son of Late Kohan Choudhary Resident of Mohalla-Baratpur, Gaya Gola P.S. Town Thana, District-Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Narayan Singh For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Town Excise Case No.554 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The accusation is of recovery of 48 bottles, each containing 180 ml. Indian Made Foreign Liquor, kept in the earth on digging the soil, from the lane, situated in the south of the house of the petitioner.

Learned counsel for the petitioner submits that the alleged recovery was not made either from the conscious possession or the house of the petitioner. The petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.42552 of 2019(2) dt.10-07-2019 2/2 Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-VIIcum-Special Judge (Excise), Aurangabad, in connection with Town Excise Case No.554 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T