Raju Choudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55345 of 2019 Arising Out of PS. Case No.-888 Year-2018 Thana- DANAPUR District- Patna ====================================================== RAJU CHOUDHARI, aged about 60 years, Male, Son of Narayan Choudhari, Resident of Mohalla-Jhakhari Mahadev, P.S.-Danapur, District-Patna ... Petitioner

Versus

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

For the Petitioner :

Mr. Bindeshwar Prasad Singh, Adv.

For the Opposite Party :

Mr. Pancha Nand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Special Case No. 262 of 2019 arising out of Danapur P.S. Case No. 888 of 2018 for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The accusation is that on receiving secret information while the informant was on patrolling duty about keeping liquor concealing in the hut at Gola Road near Jhakhdi Mahadev, the informant, along with other police personnel, reached there and searched the hut and recovered one plastic container, containing 8 liters of country made liquor. The persons present there disclosed that the hut is belong to this petitioner. Learned counsel appearing for the petitioner submits that the hut, which is said to be belonging to the petitioner is not

Patna High Court CR. MISC. No.55345 of 2019(2) dt.02-09-2019 2/2 belonging to the petitioner, but, with ulterior motive the name of this petitioner has been disclosed by the persons. Petitioner has no criminal antecedent.

Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Special Case No. 262 of 2019 arising out of Danapur P.S. Case No. 888 of 2018 shall be released on prearrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Patna, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

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