Patna High CourtCR. MISC./27173/2017allowed

Rajesh Chaudhary @ Rajesh Kumar v. The State Of Bihar

2017-07-01Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27173 of 2017 Arising Out of PS.Case No. -148 Year- 2017 Thana -GANDHIMAIDAN District- PATNA ====================================================== Rajesh Chaudhary @ Rajesh Kumar Son of Mr. Murari Chaudhary, R/o R.K. Bhattacharya Road, Banpur Toal, P.S.- Gandhi Maidan, DistrictPatna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Sri Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and the State.

The petitioner is accused in Gandhi Maidan P.S. Case No. 148 of 2017 for the offences under Section 30(A)/44/47 of the Bihar Prohibition and Excise Act, 2016. The petitioner has categorically stated in para-8 of the application that neither the petitioner is owner of the alleged plot nor rooms from where the alleged recovery of wine was made In para-3 of the application there is statement on affidavit that the petitioner has no criminal antecedent. The petitioner is in custody since 19.4.2017.

Having regard to the fact that the petitioner has

Patna High Court Cr.Misc. No.27173 of 2017 (2) dt.01-07-2017 2/2 categorically stated in para-8 of the application that he has nothing to do with the room and plot wherefrom the alleged wine was seized, ownership of the liquor is disowned and considering that petitioner has no criminal antecedent, this court is inclined to grant bail to the petitioner. Let the petitioner, above named, be released 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 A.D.J IV Patna -cum- Special Judge, Excise, Patna in connection with Gandhi Maidan P.S. Case No. 148 of 2017, subject to the condition that the petitioner will extend full cooperation in conclusion of the trial and will not, in any manner, influence the witnesses.

(Anil Kumar Upadhyay, J) S.Pandey/- U T