Sanjay Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31275 of 2018 Arising Out of PS.Case No. -58 Year- 2018 Thana -GAURICHAK District- PATNA ====================================================== Sanjay Choudhary son of Lallu Choudhary resident of village - Barawan, Police Station - Gaurichak, District - Patna. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

550 liters of toddy is said to have been recovered from the tempo and petitioner and two other persons sitting in the tempo were apprehended.

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 toddy. He happens to be a simple commuter and had no knowledge of keeping of toddy in the tempo. He has no

Patna High Court Cr.Misc. No.31275 of 2018 (2) dt.21-05-2018 2/2 criminal antecedent and has been languishing in custody since 06.03.2018. Charge-sheet in this case has already been submitted. In the facts and circumstances of the case, 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 Excise, Patna in connection with Special Case No. 2040 of 2018, arising out of Gaurichak P.S. Case No. 58/2018. (Prakash Chandra Jaiswal, J.) Rakhi U T