Rajesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74932 of 2018 Arising Out of PS. Case No.-942 Year-2018 Thana- SAHARSA District- Saharsa ====================================================== Rajesh Chaudhary Son of Sukhdeo Chaudhary Resident of Mohalla-Bhartiya Nagar,Ward No.26,Batraha,P.O.+P.S.+Distt.-Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra For the Opposite Party/s :

Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Special Case No. 431 of 2018 arising out of Saharsa Sadar P.S. Case No. 942 of 2018 for the offences punishable under Sections 30(a), 38(1) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 1400 liters of illicit liquor from a pick up vehicle.

The learned counsel for the petitioner submits that the petitioner is merely a driver of the said vehicle and he was not aware as to what material was loaded on the said vehicle. It is further submitted that the petitioner is having a clean antecedent and is languishing in custody since 31.07.2018. Lastly, it is

Patna High Court Cr.Misc. No.74932 of 2018(2) dt.14-12-2018 2/2 stated that the vehicle in question does not belong to the petitioner.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Saharsa in connection with Special Case No. 431 of 2018, arising out of Saharsa Sadar P.S. Case No. 942 of 2018.

(Mohit Kumar Shah, J) Tiwary/- U T