Dashrath Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 60252 of 2018 Arising Out of PS. Case No.-389 Year-2018 Thana- Shastrinagar District- Patna ====================================================== Dashrath Choudhary, S/o Jaggindra Choudhary, Resident of Maurya Path Musahari, P.S. - Shastri Nagar, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Jain For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 28-09-2018 Heard Sri Ajay Kumar Jain, learned counsel for the petitioner. None appeared on behalf of State. The sole petitioner, apprehending his arrest in Shastri Nagar P.S. Case No. 389 of 2018 (Special Excise Case No. 5668 of 2018) registered for offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

Learned counsel for the petitioner submits that petitioner has been made accused on an accusation, as if, from the hutment of the petitioner, there was recovery of two liter of country-made liquor. It has been argued that neither petitioner reside in the said hut nor he is having any connection with the same.

Considering the nature of accusation, in the event of

Patna High Court Cr.Misc. No.60252 of 2018(2) dt.28-09-2018 2/2 arrest or surrender within a period of six weeks from today, let the petitioner namely Dashrath Choudhary 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 learned Special Judge Excise, Patna in connection with Shastri Nagar P.S. Case No. 389 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J.) anay U T