Chhote Lal Chaudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41962 of 2018 Arising Out of P.R. Case No. 25 of 2018 District- Patna ====================================================== Chhote Lal Chaudhary, S/o Faujdari Chaudhary, R/o Vill.- Beldari Tola, P.S.- Gaurichak, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha For the Opposite Party/s :

Mr. Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with P.R. Case no. 25 of 2018 registered under Section 30(a) of the Bihar Prohibition and Excise Act-2016.

80 lts. toddy is said to have been recovered from tempo and petitioner and one other accused, namely, Badho Chaudhary sitting in the said tempo were apprehended. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized toddy. He has been falsely implicated in this case at the instance of his enemy. He happens to be simple commuter of

Patna High Court Cr.Misc. No.41962 of 2018(3) dt.18-07-2018 2/2 the tempo and he had no knowledge of keeping of toddy in the said tempo. He has no criminal antecedent. He has been languishing in custody since 15.05.2018.

In the facts and circumstances of the case, 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 Special Judge (Excise), Patna in connection with P.R. Case no. 25 of 2018.

(Prakash Chandra Jaiswal, J) rohit/- U T