Pawan Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53150 of 2019 Arising Out of PS. Case No.-206 Year-2019 Thana- DAUDNAGAR District- Aurangabad ====================================================== Pawan Choudhary, Aged about 42 years, Male, S/o Kameshwar Chaudhary, R/o village- Kisun Tola, Sansa, P.S.- Daudnagar, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-08-2019 Heard both sides.

Petitioner apprehends his arrest in Daudnagar P.S. Case No.206 of 2019, registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The informant, SHO of Daudnagar P.S., got information that Lutan Yadav, Pappu Yadav and others were selling liquor in the market and on such raid was conducted and Lutan Yadav was apprehended. 24 bottles each containing 180 ml. liquor were recovered from possession of Lutan Yadav. Lutan Yadav is said to have disclosed that Pawan Choudhary, the petitioner had given him liquor to sell in the market. It is alleged that from the house of Pappu Yadav also some liquor was recovered.

Learned counsel for the petitioner submits that save

Patna High Court CR. MISC. No.53150 of 2019(2) dt.26-08-2019 2/2 and except the disclosure made by Lutan Yadav, there is no material against the petitioner. Even the house of the petitioner has not been searched and nothing has been recovered from the conscious possession of the petitioner.

Taking into consideration the facts that the person who was found in possession of liquor is said to have disclosed the name of the petitioner as the person who had given liquor to Lutan Yadav and there is no other material to show the involvement of the petitioner, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, 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 the learned Additional Sessions Judge-VII-cumSpecial Judge (Excise), Aurangabad in connection with Daudnagar P.S. Case No.206 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) S.KUMAR/- U T