Govind @ Govinda Choudhary @ Gobind @ Gobinda Choudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14544 of 2018 Arising Out of PS.Case No. -300 Year- 2017 Thana -ARA MUFFSIL District- BHOJPUR ======================================================

1. Govind @ Govinda Choudhary @ Gobind @ Gobinda Choudhary Son of late Lalan Choudhary Resident of Village- Isari Pipra, P.S.- Ara Muffasil, District- Bhojpur(Ara).

2. Sri Ram Prasad Son of Dadan Prasad Resident of Village- Salempur, P.S. Ara, Muffasil, District- Bhojpur(Ara).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chhote Lal Mishra For the Opposite Party/s : Mr. Murlidhar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-03-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners are languishing in judicial custody since 30.12.2017 in connection with Ara (Muffasil) P.S. Case No. 300/17 for offences punishable under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that on a secret tip off that huge consignment of illicit liquor is being ferried from UP and some persons are standing to collect the illicit liquor, the police raided the place and apprehended the petitioners unloading the consignment along with two others while one managed to flee away. Accordingly, a

Patna High Court Cr.Misc. No.14544 of 2018 (2) dt.13-03-2018 2/2 seizure-list was prepared for recovery of 177 litres of foreign illicit liquor.

It has been submitted by the learned counsel for the petitioners that they are innocent, bear no criminal history and nothing has been recovered from their conscious possession. He submits that one of the co-accused apprehended with the petitioners has since been granted privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 7646 of 2018 vide order dated 13.02.2018.

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

Considering the facts and circumstances and the materials on record, let petitioners, above named, be enlarged on bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-4, Bhojpur, Ara, in connection with Ara (Muffasil) P.S. Case No. 300/17.

(Nilu Agrawal, J) Rajesh/- U T