Patna High CourtCR. MISC./22092/2018bail granted

Binod Choudhary @ Vinod Choudhary v. The State Of Bihar

2018-04-17Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22092 of 2018 Arising Out of PS.Case No. -7 Year- 2018 Thana -BAKHTIARPUR District- SAHARSA ====================================================== Binod Choudhary @ Vinod Choudhary, son of Hriday Choudhary, Resident of Village- Sitananabad (South), Ward No. 09, P.S. Bakhtiyarpur, DistrictSaharsa. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Indu Shekhar Dwivedi For the Opposite Party/s : Mr. Sri Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Special Case No. 10 of 2018 arising out of Bakhtiyarpur P.S. Case No. 07 of 2018 registered under Section 30(d) of the Bihar Prohibition and Excise Act, 2016.

45 litres of country made liquor is said to have been recovered from the courtyard and straw house of the petitioner. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the seized liquor. He was not apprehended on the spot. The

Patna High Court Cr.Misc. No.22092 of 2018 (2) dt.17-04-2018 2/2 house from where the said recovery was made is inhabited by several family members and he had no knowledge of keeping of the aforesaid liquor in the house. He has no criminal antecedent. He has been languishing in custody since 14.02.2018. Considering the facts aforesaid, the above named petitioner is directed to be enlarged 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 Special Judge cum Learned Additional Sessions Judge-II, Saharsa in connection with Special Case No. 10 of 2018 arising out of Bakhtiyarpur P.S. Case No. 07 of 2018.

(Prakash Chandra Jaiswal, J) Mishra/- U T