Nandan Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62942 of 2019 Arising Out of PS. Case No.-139 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== NANDAN CHAUDHARI S/o Begu Chaudhary R/o village- Jay Nagar Lal Pahari, Ward No. 33, P.S,.- Kabaiya, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabi Bhushan For the Opposite Party/s :

Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-10-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 26.7.2019 in a case registered for the offences punishable under Sections 30(a), 32,41,56(a) and 37(b) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

It is alleged that from the adjacent lane of the petitioner's house, 10 litres Mahua liquor were recovered. It is submitted by learned counsel for the petitioner that the recovery has not been made from the conscious physical possession of the petitioner. Though the petitioner is accused in one other case but he is on bail in that case. Learned APP submits that the petitioner was found in inebriated condition.

Patna High Court CR. MISC. No.62942 of 2019(2) dt.25-10-2019 2/2 Considering the nature of recovery and the period under custody, let the petitioner above named be released 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 -II-cum-Special Judge, Excise, Lakhisarai in connection with Excise Case No. 139 C 2 of 2019.

(Dinesh Kumar Singh, J) anil/- U