Pawan Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46274 of 2019 Arising Out of PS. Case No.-38 Year-2019 Thana- SANGRAMPUR District- East Champaran ====================================================== 1.

Pawan Choudhary, Son of Late Harihar Choudhary, Resident of Village - Rajpur Pokhra Ward No.-4, P.S.- Sangrampur, District- East Champaran 2.

Prabhanjan Choudhary @ Pabhjan Choudhary, Son of Late Harihary Choudhary, Resident of Village - Rajpur Pokhra Ward No.-4, P.S.- Sangrampur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Pandey For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-07-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sangrampur P.S. Case No. 38 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act. The accusation is of recovery of 20 literes and 15 litres toddy, respectively, from the house of petitioner nos. 1 and 2.

Learned counsel for the petitioners submits that, in fact, the seized material was Nira not toddy and the same would not come within the preview of Section 30(a) of the Bihar

Patna High Court CR. MISC. No.46274 of 2019(2) dt.30-07-2019 2/2 Prohibition and Excise Act and the petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned 7th Additional Sessions Judge-cum-Special Judge, Excise, East Champaran at Motihari, in connection with Sangrampur P.S. Case No. 38 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T