Gulshan Choudhary @ Bhadra Kant Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58191 of 2019 Arising Out of PS. Case No.-440 Year-2018 Thana- BAHADURPUR District- Darbhanga ====================================================== Gulshan Choudhary @ Bhadra Kant Choudhary, Son of Sri Ravindra Choudhary, Resident of Village - Salaha, P.S. - Bahadurpur, District - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mr. Nilesh Kumar, Advocate Mr. Malay Kumar Chaudhary, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Section 30(a), 38(2) and 41(2) of the Bihar Prohibition and Excise Act, 2016.

Submission is that recovery of liquor is not alleged from possession of the petitioner or from the house of the petitioner and similarly situated co-accused, namely, Prabhakar Choudhary @ Chulbul Choudhary has been allowed bail by a Coordinate Bench of this Court vide order dated 28.03.2019 passed in Cr. Misc. No. 1654 of 2019 (Annexure-3). Petitioner is in custody since 11.07.2019.

Considering the facts aforesaid, let the petitioner,

Patna High Court CR. MISC. No.58191 of 2019(2) dt.20-09-2019 2/2 above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with G.O. Case No. 904 of 2018 arising out of Bahadurpur Police Station Case No. 440 of 2018, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(Birendra Kumar, J) Kundan/- U T