Saral Bind @ Ajay Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55741 of 2019 Arising Out of PS. Case No.-561 Year-2018 Thana- BRAHMPUR District- Buxar ====================================================== SARAL BIND @ AJAY CHOUDHARY S/o Late Mukhiya Bind @ Chandrama Bind R/o village- Gaighat, P.S.- Brahmpur, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyapal Singh For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-09-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 06.05.2019 in connection with Brahmpur P.S. Case No. 561 of 2018, registered for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioner submits that the alleged recoveries were made from the riverside and not from the conscious possession of the petitioner. It is further submitted that the petitioner has no criminal antecedents and in one case he has already been granted the privilege of bail, wherein he was illegally remanded after his arrest in connection with Brahmpur P.S.Case No. 34 of 2019.

Considering the aforementioned facts and

Patna High Court CR. MISC. No.55741 of 2019(2) dt.16-09-2019 2/2 circumstances and that the alleged recoveries were not made from the conscious possession of the petitioner, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the court of learned Additional District and Sessions Judge-II-cum-Special Judge (Excise) Buxar in connection with Brahmpur P.S. Case No. 561 of 2018.

(Anjana Mishra, J) HR/- U T