Patna High CourtCR. MISC./28940/2017bail granted

Basant Choudhary @ Makshudan Choudhary v. The State Of Bihar

2017-07-03Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28940 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -TANDWA District- AURANGABAD ====================================================== Basant Choudhary @ Makshudan Choudhary, Son of Budhan Chaudhary, Resident of Village- Ramnagar, P.S.- Tandawa, District- Aurangabad. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha, Adv. For the Opposite Party/s : Md. Ansarul Haque, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-07-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks regular bail in connection with Tandwa P.S. Case No.02 of 2017 registered for the alleged offences under Section 30 (a) of the Bihar Excise Act. As per the prosecution case, 400 liters of country made liquor is said to have been recovered from the orchard of one Laxman Choudhary while four accused persons including the petitioner managed to escape from the said place seeing the police force.

It has been submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. Neither he has

Patna High Court Cr.Misc. No.28940 of 2017 (02) dt.03-07-2017 2/2 concern with the said seized article nor was he apprehended on the spot. The allegations levelled against him are general and omnibus in nature. He has been languishing in jail custody since 03.05.2017.

In the facts and circumstances of the case, the petitioner above named is directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned A.D.J.-II-cum-Special Judge, Aurangabad in connection with Tandawa P.S. Case No.02 of 2017.

(Prakash Chandra Jaiswal, J.) Trivedi/- U T