Patna High CourtCR. MISC./11456/2021bail granted

Rahul Choudhary @ Pankaj Kumar v. The State Of Bihar

2021-12-21Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11456 of 2021 Arising Out of PS. Case No.-190 Year-2020 Thana- NIMCHAKBATHANI District- Gaya ====================================================== RAHUL CHOUDHARY @ PANKAJ KUMAR Son of Ramashray Chaudhary Resident of Village- Pathari, P.S.- Atri, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishwa Ranjan Choudhary For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Neemchak Bathani P.S. Case No. 190 of 2020 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 5 litres of liquor is said to have been recovered from the house of the petitioner.

The learned counsel for the petitioner has submitted that the recovery is from an abandoned house which was used by him long time ago. Presently, the petitioner has been residing in a house which is about 25

Patna High Court CR. MISC. No.11456 of 2021(2) dt.21-12-2021 2/2 kilometers away from the place of raid. Nobody has been residing in the aforesaid house and there is a possibility of that building being used by some miscreants for storing the liquor cannot be ruled out.

The petitioner has clean antecedents.

Regard being had to the afore-stated facts, the petitioner, above named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court Special Judge Excise, Gaya, in connection with Neemchak Bathani P.S. Case No. 190 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T