Ashok Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59001 of 2018 Arising Out of PS.Case No. -244 Year- 2018 Thana -SIRDALA District- NAWADA ====================================================== Ashok Chauhan, S/o Bishnu Chauhan, R/o Village- Chandawara, P.S.- Sirdala, Dist- Nawada.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 13.08.2018 in connection with Sirdala P.S. Case No. 244 of 2018 for offences punishable under Sections 30(a) Bihar Prohibition & Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that during course of checking on secret information 25 liters of country made mahua wine was recovered near the house of the petitioner. Accordingly, a seizure list was prepared and the petitioner was arrested.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and

Patna High Court Cr.Misc. No.59001 of 2018 (2) dt.28-09-2018 2/2 nothing has been recovered from his conscious possession and that said prohibited liquor must have been implanted near the house of the petitioner from where it was recovered as evident from the seizure list.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned Additional District Judge-II-cum-Special Judge, Nawada, in connection with Sirdala P.S. Case No. 244 of 2018. (Nilu Agrawal, J) Devendra/Priyanka U T