Rohit Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48691 of 2018 Arising Out of PS.Case No. -144 Year- 2018 Thana -MOKAMAH District- PATNA ====================================================== Rohit Chaudhary, Son of Late Suresh Choudhary, Resident of VillageGosaigaon, Bhagwanpur Tola, Ward No.1, P.S.- Mokama, Dist- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar Singh For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 30(a), 37(b) and 37(c) of the Bihar Prohibition and Excise Act, 2016.

40 litres of toddy is said to have been recovered from the shop of the petitioner and the petitioner was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the seized toddy. He has been falsely implicated in the case at the instance of his enemies by planting aforesaid recovery from

Patna High Court Cr.Misc. No.48691 of 2018 (2) dt.09-08-2018 2/2 his shop. He has no criminal antecedent. He has been languishing in custody since 12.06.2018.

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 Special Judge, Excise, Patna in connection with Special Case No. 5422 of 2018 arising out of Mokama P.S. Case No. 144 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T