Tulsi Chaudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.60982 of 2018 (3) dt.10-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60982 of 2018 Arising Out of PS.Case No. -96 Year- 2018 Thana -SIRDALA District- NAWADA ======================================================

1. Tulsi Chaudhary, S/o Parmeshwar Chaudhary, Resident of VillageJanghaul, P.S.- Sirdala, District- Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Krishna Deo Raj For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-10-2018 The petitioner seeks regular bail in connection with Sirdala P.S. Case No. 96 of 2018, registered for offences punishable under Section 30(a) of Bihar Prohibition & Excise Act. Police on information that petitioner is selling the liquor near the Janjhaul river went there and seized 70 litres of mahua liquor.

It has been submitted on behalf of the petitioner that he has falsely been made accused in this case and nothing has been recovered from his conscious possession and he has been in judicial custody since 14.08.2018.

Learned counsel for the State opposed the prayer for bail and submitted that the petitioner has two criminal antecedents and both the cases are under Excise Act.

Patna High Court Cr.Misc. No.60982 of 2018 (3) dt.10-10-2018 Having heard both sides, considering the fact and circumstances of the case and also the criminal antecedent of the petitioner, at this stage, I am not inclined to enlarge the petitioner on bail. However, once the charge is framed or the petitioner completes six months in judicial custody, the court below shall release the petitioner on bail to his own satisfaction. With the above observation, this application is disposed of. (Vinod Kumar Sinha, J) sunil/- U T