Nago Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24657 of 2018 Arising Out of PS.Case No. -89 Year- 2018 Thana -ALOULI District- KHAGARIA ====================================================== Nago Choudhary S/o Gauri Choudhary, resident of Village- Bahadurpur, P.S.- Alauli, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nirmala Kumari For the Opposite Party/s : Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 353 and 224 of the Indian Penal Code and Sections 30(a) and 45 of the Bihar Prohibition and Excise Act, 2016.

6 litres of country made liquor, 80 litres of half processed liquor, furnace and several utensils for brewing liquor were seized from the house of Bipin Singh and the petitioner was apprehended while brewing liquor and other accused persons managed to escape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the

Patna High Court Cr.Misc. No.24657 of 2018 (2) dt.01-05-2018 2/2 conscious physical possession of the petitioner. He has no concern either with the seized article or with any activity of brewing liquor. As a matter of fact, the petitioner had arrived at the place of occurrence seeing commotion there and in the meantime all the persons present there managed to escape and police apprehended the petitioner merely on suspicion and roped him in the case. He has no criminal antecedent. He has been languishing in custody since 21.03.2018.

Considering the facts aforesaid, the above named petitioner is directed to 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 the learned Addl. District and Sessions Judge-III cum Special Judge, Excise Act, Khagaria in connection with Alauli P.S. Case No. 89 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T