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Patna High CourtCR. MISC./18864/2017bail granted

Birendra Chaudhary v. The State Of Bihar

2017-06-20Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18864 of 2017 Arising Out of PS.Case No. -83 Year- 2017 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Birendra Chaudhary Son of Mundrika Chaudhary, Resident of VillageNaya Tola, P.S. Shikarpur, District- West Champaran. .... .... Petitioners/s

Versus

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

For the Petitioners/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-06-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 23.02.2017 in connection with Shikarpur P.S. Case No. 83 of 2017 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case is that on secret information the raiding party checked the tractor and trailer loaded with sand and in one of the trailers, 36 bottles of Nepali Saufi wine each of 300 ML totaling 10 litres and 800 ML were found. Petitioner was apprehended while fleeing away, who named his brother to be engaged in selling of liquor.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.18864 of 2017 (4) dt.20-06-2017 2/2 petitioner that he is innocent, has no criminal history and nothing has been recovered from his conscious possession. However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-V, West Champaran, Bettiah in connection with Shikarpur P.S. Case No. 83 of 2017.

(Nilu Agrawal, J.) Arjun/- U T